5 C.F.R. § 351.802

Content of notice

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(a)(1) The action to be taken, the reasons for the action, and its effective date;

(2) The employee's competitive area, competitive level, subgroup, service date, and three most recent ratings of record received during the last 4 years;

(3) The place where the employee may inspect the regulations and record pertinent to this case;

(4) The reasons for retaining a lower-standing employee in the same competitive level under § 351.607 or § 351.608;

(5) Information on reemployment rights, except as permitted by § 351.803(a); and

(6) The employee's right, as applicable, to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations or to grieve under a negotiated grievance procedure. The agency shall also comply with § 1201.21 of this title.

(b) When an agency issues an employee a notice, the agency must, upon the employee's request, provide the employee with a copy of OPM's retention regulations found in part 351 of this chapter.

[60 FR 2678, Jan. 11, 1995, as amended at 60 FR 44254, Aug. 25, 1995; 62 FR 62502, Nov. 24, 1997; 63 FR 32595, June 15, 1998]

Notes of Decisions

Cited in 3 cases, 1982–2004 · leading case: Daniel R. Krizman v. Merit Sys. Prot. Bd., & United States Postal Serv., Intervenor, 77 F.3d 434 (Fed. Cir. 1996).

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Daniel R. Krizman v. Merit Sys. Prot. Bd., & United States Postal Serv., Intervenor, 77 F.3d 434 (Fed. Cir. 1996). · cites it 2× “Although Krizman was a preference-eligible employee, the Postal Service had no obligation to advise him of his RIF rights, because he was never subjected to an ap-pealable RIF action — that is, he was never demoted, furloughed, or separated as a result of the restructuring.…”

Clifton L. Goodrich v. U. S. Dep't of the Navy & Merit Sys. Prot. Bd., 686 F.2d 169 (3rd Cir. 1982). “5 C.F.R. § 351.802 (1982) (emphasis added).”

Cornyn v. Dep't of the Treasury, 96 F. App'x 678 (Fed. Cir. 2004). “The Board reviewed Cornyn’s notice with respect to both the statutory requirements stated above, as well as the requirements of the regulation promulgated thereunder, namely 5 C.F.R. § 351.802 (a). Initial Decision, slip op.”

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