Ann Crispin v. Department of Commerce

KASHIWA, Circuit Judge.

This is an appeal from a decision of the Merit Systems Protection Board (Board) affirming petitioner’s reassignment pursuant to an agency-wide reduction in force (RIF). Petitioner appeals the decision on the grounds that she was denied a hearing on the question of whether her competitive level was properly established. Because we hold that petitioner was entitled to a hearing on this issue, we vacate that portion of the Board’s decision determining that petitioner’s competitive level was properly established and remand the case to the Board for a full hearing on the…