Burroughs v. Office of Personnel Management

ORDER

In its petition for rehearing, the government asks that we set aside our decision, 764 F.2d 1300 (9th Cir.1985) and follow a District of Columbia Circuit decision filed approximately one month after our opinion in this case. Barnhart v. Devine, 771 F.2d 1515 (D.C.Cir.1985). The D.C. Circuit in Barnhart held that classification decisions are subject to the limited remedies provided under the Civil Service Reform Act (CSRA) Id. at 1523. Under Barnhart, an employee aggrieved by a decision of the Office of Personnel Management (OPM) must seek redress before the Merit Systems Protection Board…