Significant CasesAguzie, et al.
Oral argument in the matters of:
Hyginus U. Aguzie v. Office of Personnel Management
MSPB Docket Number DC-0731-09-0261-R-1
Jenee Ella Hunt-O'Neal v. Office of Personnel Management
MSPB Docket Number AT-0731-09-0240-I-1
James A. Scott v. Office of Personnel Management
MSPB Docket Number CH-0731-09-0578-I-1
Holley C. Barnes v. Office of Personnel Management
MSPB Docket Number DC-0731-09-0260-R-1
Monday, October 18, 2010, at 10:00 a.m.
The United States Court of Appeals for the Federal Circuit
717 Madison Place
N.W., Washington D.C
Aguzie and several other cases pending before the Board present the following legal issue: When the Office of Personnel Management (OPM) directs an agency to separate a tenured employee for suitability reasons, must the Board consider a subsequent appeal under 5 C.F.R. part 731 as contemplated therein, or should the Board instead consider the appeal under 5 U.S.C. chapter 75, given that the scope of a chapter 75 appeal is broader than a part 731 appeal and that OPM generally lacks authority to issue regulations limiting statutory rights?