5 C.F.R. § 1209.1

Scope

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

This part governs any appeal or stay request filed with the Board by an employee, former employee, or applicant for employment where the appellant alleges that a personnel action defined in 5 U.S.C. 2302(a)(2) was threatened, proposed, taken, or not taken because of the appellant's whistleblowing or other protected activity activities. Included are individual right of action appeals authorized by 5 U.S.C. 1221(a), appeals of otherwise appealable actions allegedly based on the appellant's whistleblowing or other protected activity, and requests for stays of personnel actions allegedly based on whistleblowing or other protected activity.

[78 FR 39546, July 2, 2013]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2024 · leading case: Mark Jones v. MSPB, 103 F.4th 984 (4th Cir. 2024).
Mark Jones v. MSPB, 103 F.4th 984 (4th Cir. 2024). “See 5 C.F.R. §§ 1209.1 , 1209.2(a), (b)(1). That, by itself, would seem to satisfy the requirement that the Petitioners allege that CBP had “threatened, proposed, taken, or not taken” a “personnel action.”
Larry Butler v. Soc. Sec. Admin. (MSPB 2024). “See 5 C.F.R. § 1209.1 . This does not mean, however, that we lack authority to review the merits of the respondent’s whistleblowing claim.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.