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Chadwell v. Merit Sys. Prot. Bd., 09-3302

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By FindLaw Staff on December 16, 2010 3:52 PM

Notice regarding an application for an administrative law judge position is not an employment action

Chadwell v. Merit Sys. Prot. Bd., 09-3302, concerned a plaintiff's challenge to the Office of Personnel Management's (OPM's) notice that it would not review or process his 2008 application for an administrative law judge (ALJ) position because one year had not passed since the date he received a Notice of Results from his successful 2007 application for an ALJ position.  The court afifrmed the Merit Systems Protections Board's dismissal of the challenge, as the Board lacked jurisdiction because the OPM's one-year rule is not an employment action.

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