Sheila T. Rose v. Department of Health and Human Services

NIES, Circuit Judge.

Petitioner Rose appeals from a decision of the Merit Systems Protection Board (MSPB) dismissing her appeal for lack of jurisdiction. The MSPB held that neither an agency’s placement of an employee in AWOL status nor an agency’s issuance of a notice of proposed removal is an appealable agency action. The MSPB further held that the placement of an employee in AWOL status did not constitute a “suspension,” the latter being appealable under 5 U.S.C. § 7512(2) if of sufficient duration. We affirm the decision of the MSPB.

Background

At the time of appealing to the MSPB petitioner…