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5 CFR 1201.36 : Administrative Personnel (§ 1.1 To Parts 10003-10049) — (§ 1200.1 To Parts 10003-10049) — Merit Systems Protection Board (§ 1200.1 To Parts 1217-1299) — Organization And Procedures (§ 1200.1 To Parts 1217-1299) — Practices And Procedures (§ 1201.1 To Appendix Iv To Part 1201) — Procedures For Appellate Cases (§ 1201.11 To § 1201.113) — Parties, Representatives, And Witnesses (§ 1201.31 To § 1201.37) — Consolidating and joining appeals.

4 Aug 2016

(a) Explanation. (1) Consolidation occurs when the appeals of two or more parties are united for consideration because they contain identical or similar issues. For example, individual appeals rising from a single reduction in force might be consolidated.

(2) Joinder occurs when one person has filed two or more appeals and they are united for consideration. For example, a judge might join an appeal challenging a 30-day suspension with a pending appeal challenging a subsequent removal if the same appellant filed both appeals.

(b) Action by judge. A judge may consolidate or join cases on his or her own motion or on the motion of a party if doing so would:

(1) Expedite processing of the cases; and

(2) Not adversely affect the interests of the parties.

(c) Any objection to a motion for consolidation or joinder must be filed within 10 days of the date of service of the motion.

5 CFR 1201.36
[54 FR 53504, Dec. 29, 1989, as amended at 77 FR 62365, Oct. 12, 2012]