Margolin v. NAIJ · ¶20

As the Fourth Circuit seemed to acknowledge, this Court's precedent establishes that the District Court lacked jurisdiction over this challenge to a federal workplace policy. The Civil Service Reform Act of 1978, 5 U. S. C. § 1101 et seq., provides a statutory review scheme through which certain federal employees must raise certain workplace complaints. The scheme authorizes judicial review only after the employees have had their claims heard by the Merit Systems Protection Board (and sometimes the Office of the Special Counsel). §§ 1214, 7512, 7703; 28 U. S. C. § 1295(a)(9). In Elgin v. Department of Treasury, 567 U. S. 1 (2012), this Court held that “covered employees appealing covered agency actions” must “proceed exclusively through the statutory review scheme.” Id., at 10. Respondent concedes that its members are covered employees. The Fourth Circuit agreed that the workplace…

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