Thelma F. Mead v. Merit Systems Protection Board

Mead seeks review of a Merit Systems Protection Board (“Board”) decision rejecting her contention that a nationwide FBI reduction-in-force (“RIF”) program was improperly implemented in regard to her at the -FBI’s Portland, Oregon office. We note jurisdiction under 5 U.S.C. § 7703 , and affirm.

Mead commenced employment with the FBI in 1952, and served as chief clerk in the Portland office from 1965 to 1979. Her chief clerk position was graded GS-9. In 1979, pursuant to a nationwide restructuring of FBI field offices, the FBI abolished Mead’s GS-9 position at its Portland office.

Some of the duties encompassed by Mead’s former GS-9 position were transferred to a newly created GS-10 position of “office services manager”. The new GS-10 position included greater managerial and supervisory responsibilities than the old GS-9 chief clerk position. After giving Mead a 135-day trial assignment in the new position, the FBI concluded that her performance was unsatisfactory and awarded the new GS-10 position to someone else. Mead was reassigned to a GS-4 position, but retained the same salary and fringe benefits she had in her GS-9 position.

Mead sought review with FBI headquarters of her…