Legal Opinion

Gardner v. Library of Congress

Court of Appeals for the Federal Circuit

Decided September 26, 1985No. Undocketed No. FMCS83K/23185PublishedCited by 4 opinions

1Opinion of the Court

ORDER *

Petitioner has filed a direct appeal seeking review of her removal from employment with the Library of Congress. Because the Library is part of the Legislative Branch, its employees are not in the competitive service, 5 U.S.C. § 2102, and may not appeal adverse actions to the Merit Systems Protection Board (Board).

Our jurisdiction to consider appeals of adverse actions is limited to those determined in final decisions of the Board. 5 U.S.C. §§ 7703(b)(2); 7703(d); 28 U.S.C. § 1295(a)(9). This court is therefore without jurisdiction to consider the present appeal. It is therefore

ORDERED:

2Cited by4 opinions

  1. American Federation of Government Employees TSA Local 1 v. HawleyDistrict Court, District of Columbia · 2006
  2. Jan Nieuwdorp v. Library of CongressCourt of Appeals for the Federal Circuit · 1989
  3. Carter v. Library of CongressCourt of Appeals for the Federal Circuit · 2008
  4. Rhonda Ann Gardner v. Library of Congress, Undocketed No. Fmcs83k/23185Court of Appeals for the Federal Circuit · 1985

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