Richard J. O'Brien v. Office of Personnel Management

BRYSON, Circuit Judge.

The Office of Personnel Management (“OPM”) separated petitioner Richard J. O’Brien from his position with the agency following a reduction in force. Mr. O’Brien appealed, and the Merit Systems Protection Board sustained his removal. Mr. O’Brien argues that he was not placed in a proper “competitive area” and that he was therefore denied an opportunity to compete for retention during the reduction in force. We conclude that substantial evidence supports the decision of the administrative judge that Mr. O’Brien was placed in a proper competitive area and that Mr. O’Brien’s…