Richard S. Bush v. Office of Personnel Management

FRIEDMAN, Senior Circuit Judge.

The petitioner Richard S. Bush challenges the decision of the Merit Systems Protection Board (“Board”) that it did not have jurisdiction over an appeal from the Office of Personnel Management (“OPM”)’s decision to suspend the examination process for selection of Administrative Law Judges because the suspension is not an “employment practice” under the regulations governing the Board’s jurisdiction. We hold that it is an “employment practice” and therefore reverse and remand.

I

Administrative law judge (“ALJ”)s are selected through a four-step examination process…