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HENDERSON v. DEPARTMENT OF INTERIOR

No. 98-3343.

202 F.3d 1356 (2000)

Sharon L.C. HENDERSON, Petitioner, v. DEPARTMENT OF INTERIOR, Respondent.

United States Court of Appeals, Federal Circuit.

January 28, 2000.

Attorney(s) appearing for the Case

Mark Siegel, of Knoxville, Tennessee, argued for petitioner.

Kenneth M. Kulak, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and Robert E. Kirschman, Assistant Director. Of counsel on the brief was P.A. Woods, Office of the Solicitor, Field Office, Department of Interior, of Knoxville, Tennessee.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

An Office of Personnel Management ("OPM") regulation, 5 C.F.R. § 351.701(c), provides that in a reduction-in-force ("RIF") an employee may retreat to a position not more than three grades below the position from which the employee was released. The appellant Sharon L.C. Henderson contends that the Merit Systems Protection Board ("Board") improperly relied on the regulation in holding that in the RIF here involved, she could not...

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