C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 352—REEMPLOYMENT RIGHTS › Subpart G—Reemployment Rights of Former Bureau of Indian Affairs and Indian Health Service Employees After Service Under the Indian Self-Determination Act in Tribal Organizations

5 C.F.R. § 352.707

Employee appeals to the Merit Systems Protection Board

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(a) If an agency denies reemployment to a person claiming reemployment rights under this subpart, the agency shall inform the individual of that denial and of the reasons therefor by a written notice. In the same notice, the agency shall inform the employee of the right to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations. The agency shall comply with the provisions of § 1201.21 of this title.

(b) If an employee considers reemployment to be not in accordance with this subpart, the employee is entitled to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations.

(c) Refusal of a tribe to hire a Federal employee is not appealable to the Merit Systems Protection Board.

[44 FR 48953, Aug. 21, 1979]
Notes of Decisions
Cited in 1 case, 1989–1989 · leading case: George Noble v. Tennessee Valley Auth., 892 F.2d 1013 (Fed. Cir. 1989).
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George Noble v. Tennessee Valley Auth., 892 F.2d 1013 (Fed. Cir. 1989). “508 (1989), as well as certain Indian employees, 5 C.F.R. § 352.707 (1989). All of the above goes to demonstrate the across-the-board *1017 span of appeal rights, especially for preference eligibles.”
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