5 CFR 1201.3 - Appellate jurisdiction

Cite as5 CFR 1201.3
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195 practice notes
  • Practices and Procedures
    • United States
    • Federal Register October 12, 2012
    • October 12, 2012
    ...that the action was based on the appellant's whistleblowing activities. (Examples of such otherwise appealable actions are listed in 5 CFR 1201.3(a).) An individual who has been subjected to an otherwise appealable action must make an election of remedies as described in 5 U.S.C. 7121(g) an......
  • Practices and Procedures
    • United States
    • Federal Register June 07, 2012
    • June 7, 2012
    ...that the action was based on the appellant's whistleblowing activities. (Examples of such otherwise appealable actions are listed in 5 CFR 1201.3(a).) An individual who has been subjected to an otherwise appealable action must make an election of remedies as described in 5 U.S.C. 7121(g) an......
  • Blackman-Baham v. Kelly, Case No. 16-cv-03487-JCS
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • February 21, 2017
    ...a reduction in grade, a reduction in pay, or a furlough of 30 days or less." Sloan, 140 F.3d at 1259 (citing 5 U.S.C. § 7512(1)-(5); 5 C.F.R. § 1201.3 (1997)). The Board also has pendent jurisdiction over discrimination claims brought in connection with an "adverse action" otherwise appeala......
  • Dipaulo v. Potter, Civil Action No. 1:07cv260.
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • July 29, 2008
    ...A-2 at 10.) DiPaulo appealed the EEO Final Agency Decision to the MSPB, in accordance with the EEOC's earlier pronouncement. (Id.); see 5 C.F.R. §§ 1201.3, 1201.111 (2007). The MSPB Administrative Law Judge ("ALJ") issued an Initial Decision, finding that DiPaulo failed to establish that th......
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199 cases
  • Blackman-Baham v. Kelly, Case No. 16-cv-03487-JCS
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • February 21, 2017
    ...a reduction in grade, a reduction in pay, or a furlough of 30 days or less." Sloan, 140 F.3d at 1259 (citing 5 U.S.C. § 7512(1)-(5); 5 C.F.R. § 1201.3 (1997)). The Board also has pendent jurisdiction over discrimination claims brought in connection with an "adverse action" otherwise appeala......
  • Dipaulo v. Potter, Civil Action No. 1:07cv260.
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • July 29, 2008
    ...A-2 at 10.) DiPaulo appealed the EEO Final Agency Decision to the MSPB, in accordance with the EEOC's earlier pronouncement. (Id.); see 5 C.F.R. §§ 1201.3, 1201.111 (2007). The MSPB Administrative Law Judge ("ALJ") issued an Initial Decision, finding that DiPaulo failed to establish that th......
  • Sloan v. West, No. 96-16830.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 7, 1998
    ...a suspension for more than 14 days, a reduction in grade, a reduction in pay, or a furlough of 30 days or less. 5 U.S.C. § 7512(1)-(5); 5 C.F.R. § 1201.3 (1997). An appeal must be filed within 30 days of the adverse employment action. 5 C.F.R. § 1201.22 The Board also has pendent jurisdicti......
  • Lindahl v. Office of Personnel Management, No. 39-81
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • September 22, 1983
    ...(d). In connection with appeals to MSPB like Lindahl's, MSPB has by regulation Page 399 elected to employ Sec. 7701 procedures. See 5 CFR Sec. 1201.3(a)(6). The question of whether MSPB correctly employs Sec. 7701 procedures in exercising its review authority of particular agency decisions ......
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