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Pierce v. Merit Systems Protection Board

The Merit Systems Protection Board had no jurisdiction, either by statute or regulation, over employee's appeal of agency's transferring him to another job at the same grade and pay and refusing to reclassify the position he had held to a higher grade; employee should have sought relief from the Office of Personnel Management.

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Appealed from: Merit Systems Protection Board

A government employee challenges the dismissal by the Merit Systems Protection Board (Board) for lack of jurisdiction of his appeal from his agency’s (A) transferring him to another job at the same grade and pay and (B) refusing to reclassify the position he had held to a higher grade. We conclude that the Board correctly ruled that it had no jurisdiction over either of these claims, and therefore affirm.

I.

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