Whether “the jurisdictional statutes . . . allow bifurcation of an MSPB decision for purposes of review.”
“We hold that where jurisdiction lies in the district court under 5 U.S.C. § 7703(b)(2), the entire action falls within the jurisdiction of that court and this court has no jurisdiction, under 5 U.S.C. § 7703(b)(1), over such cases. This holding is limited to situations in which the employee is challenging judicially the board’s determinations of both the discrimination and the nondiscrimination issues.”
