Is the decision to sustain an objection to an eligible or pass over a preference eligible a suitability action? Is there a right to appeal such a decision to the Merit Systems Protection Board?
No; per 5 CFR 731.101(a), determinations made and actions taken under
part 731 are distinct from objections to eligibles or passovers of
preference eligibles, and the U.S. Office of Personnel Management and agencies' decisions on such
requests, made under 5 U.S.C. 3318 and 5 CFR 332.406. The appeal right
under 5 CFR part 731 does not extend to any other employment action that
an agency takes outside of the procedures set forth in part 731.