Whether a preference-eligible veteran maintains 'current continuous service in the same or similar positions' under § 7511(a)(1)(B) when the agency and employee engage in a continuing employment relationship through a series of consecutive appointments

QUESTIONS PRESENTED The Merit Systems Protection Board (MSPB) has jurisdiction to hear appeals of certain adverse employment actions by certain federal employees. An “employee” includes “a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions” in the United States Postal Service (USPS). 5 U.S.C. § 7511(a)(1)(B). The questions presented are: 1. Whether a preference-eligible veteran maintains “current continuous service in the same or similar positions” under § 7511(a)(1)(B) when the agency and employee engage in a continuing employment relationship through a series of consecutive appointments. 2. Whether due process requires federal agencies to inform federal employees they will lose vested appeal rights by accepting a different appointment within the agency.