A suitability decision can establish a precedent when appealed beyond the initial decision to which bodies?

• A. Merit Systems Protection Board
• B. The President
• C. Federal court system
• D. Both MSPB and Federal court system

Answer: (D)

When an adverse suitability decision is appealed and reviewed, the decisions at the appellate level can create binding guidance for future cases. A suitability decision may be appealed to the Merit Systems Protection Board, whose rulings interpret how civil service rules apply to similar situations; these MSPB decisions can become precedent within MSPB practice and for agency actions that follow. If the matter is pushed further to the federal court system, the court’s interpretation of the law becomes binding precedent that guides all federal agencies and future cases. Because precedent can arise from both the MSPB and the federal courts, the best answer includes both paths. The President isn’t a typical adjudicatory forum for establishing binding precedent in these administrative proceedings.