Parrish v. Merit Systems Protection Board

FRIEDMAN, Senior Circuit Judge.

The petitioner, David M. Parrish, sought to challenge before the Merit Systems Protection Board (“Board”) his removal from government employment in a Reduction in Force (“RIF”). The Board dismissed the appeal for lack of jurisdiction, on the ground that, pursuant to authorizing legislation, the employing agency had adopted a personnel system that eliminated its employees’ right to appeal RIFs to the Board. We conclude that in so ruling the Board did not adequately consider Parrish’s challenge to the procedures the Agency followed in eliminating RIF appeals to…