1. “Does Chapter 43 provide the exclusive procedures for performance-based actions by an agency?” 2. What is “the effect of amendments to Chapters 43 and 75 of Title 5 made by the Civil Service Reform Act of 1978, Pub.L. 95-454, 92 Stat. 1121 (CSRA).”
1. No. Chapter 43 is not the exclusive procedure for performance-based actions by an agency. 2. “[W]e reaffirm that Chapter 75 may be used to remove an employee for performance-based reasons, provided the agency meets all requirements for establishing ‘such cause as will promote the efficiency of the service.’” . . . “On the merits of this case, we hold that the removal action against petitioner Lovshin must be sustained.”
