Brown-Griffin v. Merit Systems Protection Board
Opinion of the Court
Caretha Y. Brown-Griffin appeals the decision of the Merit Systems Protection Board dismissing her appeal for lack of jurisdiction. Brown-Griffin v. Dep’t of the Air Force, AT3443030385-I-1 (M.S.P.B. Mar. 31, 2003). We affirm.
We must affirm the final decision of the board unless we conclude that it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. 5 U.S.C. § 7703(c). Whether the board has jurisdiction to adjudicate an appeal is a question of law that we review de novo. Herman v. Dep’t of Justice, 193 F.3d 1375, 1378 (Fed.Cir. 1999).
The Air Force’s (“agency’s”) failure to select an applicant for a vacant position is generally not appealable to the board. See Ellison v. Merit Sys. Prot. Bd., 7 F.3d 1031, 1034 (Fed.Cir. 1993). Claims of unlawful conduct in the selection process ordinarily must be brought in other forums. See, e.g., 5 C.F.R. § 300.104(b) (authorizing an applicant to appeal the rejection of
Brown-Griffin alleges that the agency impermissibly failed to select her for several vacancies for which she applied. Because OPM was not involved in the agency’s selection process, there is no jurisdiction under either 5 C.F.R. § 300.104 or § 1201.3(a)(19). Therefore, Brown-Griffin presents no appealable action, and the board lacks jurisdiction over her harmful procedural error claim. Finally, because Brown-Griffin raises no non-frivolous issues of fact relating to jurisdiction, the board need not grant a jurisdictional hearing.
Reference
- Full Case Name
- Caretha Y. BROWN-GRIFFIN v. MERIT SYSTEMS PROTECTION BOARD
- Status
- Published