Opinion
No. 2011-3107.
June 2, 2011.
Petition for review of the Merit Systems Protection Board in case no. NY0752100199-I-1.
ON MOTION ORDER
The Department of Justice moves without opposition to reform the official caption to designate the Merit Systems Protection Board as the respondent and to permit the Department to intervene.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-nated as the respondent when the Board's decision concerns the procedure or jurisdiction of the Board. The employing agency is designated as the respondent when the Board reaches the merits of the underlying case. We determine that the Board should be designated as the respondent and that the Department should be allowed to intervene.
Accordingly,
IT IS ORDERED THAT:
The motions are granted. The revised official caption is reflected above.