5 CFR 752.401 - Coverage

Cite as5 CFR 752.401
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76 practice notes
  • 733 F.Supp. 115 (D.D.C. 1989), Civ. A. 88-3669, Steffan v. Cheney
    • United States
    • Federal Cases United States District Courts United States District Court (Columbia)
    • July 21, 1989
    ...to consider that the jurisdiction of this Court differs considerably from the jurisdiction of the Claims Court and the MSPB. Compare 5 C.F.R. § 752.401(c)(3) (no MSPB jurisdiction over "[v]oluntary action initiated by the [civilian] employee") and Schultz v. Navy, 810 F.2d 1133, 1......
  • 871 F.2d 1540 (10th Cir. 1989), 86-2004, Wall v. United States
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (10th Circuit)
    • March 31, 1989
    ...[1] Christie v. United States, 518 F.2d 584, 207 Ct.Cl. 333 (1975); Schultz v. United States Navy, 810 F.2d 1133 (Fed.Cir.1987); 5 C.F.R. Sec. 752.401(c)(3) [2] Presumably, if the Presiding Officer had ruled that Wall's application for termination was involuntary, he would have then proceed......
  • Adverse Actions
    • United States
    • Federal Register September 18, 2008
    • May 31, 2005
    ...actions that result from compliance with the new pay-setting requirements of Public Law 108-411. Accordingly, we are proposing to amend 5 CFR 752.401(b)(15), to clarify that a reduction in an employee's rate of basic pay resulting from the application of Public Law 108-411 and implementing ......
  • Pay administration: Premium pay; availability pay for criminal investigators,
    • United States
    • Federal Register January 29, 1999
    • January 29, 1999
    ...Service of the Department of State who are in the Foreign Service are not covered by the adverse action procedures in 5 U.S.C. 7512 and 5 CFR part 752. (See 5 U.S.C. 7511(b)(6) and 5 CFR 752.401(d)(6).) Therefore, the requirements in 5 U.S.C. 5545a(e)(2), which provide that involuntary redu......
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71 cases
  • 871 F.2d 1540 (10th Cir. 1989), 86-2004, Wall v. United States
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (10th Circuit)
    • March 31, 1989
    ...[1] Christie v. United States, 518 F.2d 584, 207 Ct.Cl. 333 (1975); Schultz v. United States Navy, 810 F.2d 1133 (Fed.Cir.1987); 5 C.F.R. Sec. 752.401(c)(3) [2] Presumably, if the Presiding Officer had ruled that Wall's application for termination was involuntary, he would have then proceed......
  • 733 F.Supp. 115 (D.D.C. 1989), Civ. A. 88-3669, Steffan v. Cheney
    • United States
    • Federal Cases United States District Courts United States District Court (Columbia)
    • July 21, 1989
    ...to consider that the jurisdiction of this Court differs considerably from the jurisdiction of the Claims Court and the MSPB. Compare 5 C.F.R. § 752.401(c)(3) (no MSPB jurisdiction over "[v]oluntary action initiated by the [civilian] employee") and Schultz v. Navy, 810 F.2d 1133, 1......
  • 698 F.2d 1261 (D.C. Cir. 1983), 82-1911, Lewis v. Sawyer
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (District of Columbia)
    • February 4, 1983
    ...out that GPO employees are among those covered by the provisions establishing furlough procedures. See 5 U.S.C. Secs. 7511-7513; 5 C.F.R. Sec. 752.401(b)(1). The government reasons that since other competitive service employees cannot protest "adverse actions" such as furloughs to......
  • 57 F.3d 1084 (Fed. Cir. 1995), 94-3456, Gonji v. Merit Systems Protection Bd.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals for the Federal Circuit
    • June 9, 1995
    ...the confusion that had developed in application of the statute. See Rules & Regulations, 53 Fed.Reg. 21,618 (1988). OPM amended 5 C.F.R. § 752.401(c) to define the term "employee" to (1) An employee in the competitive service who has completed a probationary or trial period; [......
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5 provisions
  • Adverse Actions
    • United States
    • Federal Register September 18, 2008
    • May 31, 2005
    ...actions that result from compliance with the new pay-setting requirements of Public Law 108-411. Accordingly, we are proposing to amend 5 CFR 752.401(b)(15), to clarify that a reduction in an employee's rate of basic pay resulting from the application of Public Law 108-411 and implementing ......
  • Pay administration: Premium pay; availability pay for criminal investigators,
    • United States
    • Federal Register January 29, 1999
    • January 29, 1999
    ...Service of the Department of State who are in the Foreign Service are not covered by the adverse action procedures in 5 U.S.C. 7512 and 5 CFR part 752. (See 5 U.S.C. 7511(b)(6) and 5 CFR 752.401(d)(6).) Therefore, the requirements in 5 U.S.C. 5545a(e)(2), which provide that involuntary redu......
  • Adverse Actions
    • United States
    • Federal Register December 04, 2009
    • October 30, 2004
    ...carefully considered the comments received. Amendment To Clarify Adverse Action Rules Regarding Reduction in Pay OPM proposed to amend 5 CFR 752.401(b)(15), to clarify that a reduction in an employee's rate of basic pay resulting from the application of The Federal Workforce Flexibility Act......
  • Employment: Adverse actions,
    • United States
    • Federal Register May 01, 2007
    • May 1, 2007
    ...Federal Circuit case law described above. [0]We therefore propose to make four amendments to the text of paragraphs (c) and (d) of 5 CFR 752.401, to clarify the definition of ``employee'' for purposes of the adverse action rules. Three amendments are required to conform to the holding in Mc......
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