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O'BRIEN v. OFFICE OF PERSONNEL MANAGEMENT

No. 97-3415.

144 F.3d 1458 (1998)

Richard J. O'BRIEN, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined July 24, 1998.

Attorney(s) appearing for the Case

Kevin M. Grile, Assistant General Counsel, American Federation of Government Employees, AFL-CIO, of Chicago, Illinois, argued for petitioner. With him on brief were Mark D. Roth, General Counsel, and Charles A. Hobbie, Deputy General Counsel, of Washington, DC.

Katherine M. Kelly, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Dept. of Justice, of Washington, DC, argued for respondent. With her on brief were Frank W. Hunger, Assistant Attorney General David M. Cohen, Director, and James Kinsella, Assistant Director. Of counsel on brief were Lorraine Lewis, General Counsel, and Barbara Mathews Beck, Office of General Counsel, Office of Personnel Management, of Washington, DC.

Before RADER, SCHALL, and BRYSON Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined July 24, 1998.

BRYSON, Circuit Judge.

The Office of Personnel Management ("OPM") separated petitioner Richard J. O'Brien from his position with the agency following a reduction in force. Mr. O'Brien appealed, and the Merit Systems Protection Board sustained his removal. Mr. O'Brien argues that he was not placed in a proper "competitive area" and that he was therefore denied an opportunity to compete...

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