C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 359—REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS › Subpart D—Removal of Career Appointees During Probation

5 C.F.R. § 359.407

Appeals

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(a) Removal under § 359.402, 359.403, or 359.404 is not appealable to the Merit Systems Protection Board under 5 U.S.C. 7701.

(b) Removal under § 359.405 is appealable to the Merit Systems Protection Board under 5 U.S.C. 7701 as to whether the reduction in force complies with the competitive procedures required under 5 U.S.C. 3595(a).

Notes of Decisions
Cited in 2 cases, 2007–2010 · leading case: Reardon v. Dep't of Homeland Sec., 384 F. App'x 992 (Fed. Cir. 2010).
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Reardon v. Dep't of Homeland Sec., 384 F. App'x 992 (Fed. Cir. 2010). “See 5 C.F.R. § 359.407 ; see also id. § 359.402.”
Colodney v. Merit Sys. Prot. Bd., 244 F. App'x 366 (Fed. Cir. 2007). “As the Board correctly determined, it has no jurisdiction over the removal of a career SES appointee during the one-year probationary period as specified in 5 C.F.R. § 359.407 . Thus, the Board did not have jurisdiction over Mr.”
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