Constance Newman, Director, Office of Personnel Management v. Edward Lynch and Merit Systems Protection Board

NIES, Circuit Judge.

The Director of the Office of Personnel Management, with the approval of this court, appeals from the denial of its petition by the Merit Systems Protection Board requesting reconsideration of the Board’s May 11, 1988 decision in the case of Edward J. Lynch, Jr. v. Department of Education, 37 M.S.P.R. 12 (1988). In denying OPM’s petition, the Board held, in its Opinion and Order dated December 14, 1988, 39 M.S.P.R. 319, that the Director was not entitled to review of the case and, thus, the Board declined to consider the merits of OPM’s petition. We vacate and remand for…