For the Board to have jurisdiction over any appeal of a personnel action, it must possess jurisdiction over both the action and the employee filing the appeal. Employees eligible to appeal specific actions vary in accordance with the law and regulations governing those actions. In some cases, classes of employees, such as political appointees, are excluded. Employees of specific agencies, such as the intelligence agencies and the General Accounting Office, as excluded with respect to certain actions. Postal Service employees who may appeal adverse actions are preference-eligible employees with one year continuous service and certain Postal Service supervisors, managers, and employees engaged in personnel work.
Probationary employees have very limited appeal rights.
They may appeal a termination based on political affiliation or marital status, and they may appeal a termination based on conditions arising before employment on the grounds that the termination was not in accordance with regulations. Employes and annuitants may appeal OPM decisions affecting entitlements under the retirement systems. Certain actions, such as OPM suitability determinations and OPM employment practices, may be appealed by applicants for employment. An appellant files an appeal with the appropriate MSPB regional or field office having geographical jurisdiction. An administrative judge issues an initial decision.