Opinion
2011-3142
08-12-2011
JACQUELINE H. MCNAIR, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, AND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Intervenor.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. AT0752100275-I-1
ON MOTION
ORDER
The Equal Employment Opportunity Commission (EEOC) moves to reform the caption to name the Merit Systems Protection Board as the respondent. EEOC also moves for leave to intervene. Jacqueline H. McNair opposes.
McNair filed an appeal challenging her asserted removal from the Senior Executive Service (SES). The Board dismissed the appeal for lack of jurisdiction, concluding that Ms. McNair was removed during her one-year probationary period, and an agency's removal of an appointee from the SES during a probationary period "is not appealable" to the Board.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is designated as the respondent when the Board's decision concerns the procedure or jurisdiction of the Board. In this case, the Board dismissed the appeal for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review.
Accordingly,
IT IS ORDERED THAT:
The motions to reform the official caption and to intervene are granted. The revised official caption is reflected above.
FOR THE COURT
Jan Horbaly
Clerk
cc: William Franklyn Joseph, Esq.
Michael S. Macko, Esq.
Calvin Morrow, Esq.
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