The opinion
UNITED STATES OF AMERICA
MERIT SYSTEMS PROTECTION BOARD
ALISON KOHLER, DOCKET NUMBER
Appellant, NY-0752-15-0199-M-1
v.
DEPARTMENT OF HOMELAND DATE: December 28, 2016
SECURITY,
Agency.
THIS ORDER IS NONPRECEDENTIAL *
Alison Kohler, Oceanside, New York, pro se.
Shayla N.M. Sipp, Esquire, Washington, D.C., for the agency.
BEFORE
Susan Tsui Grundmann, Chairman
Mark A. Robbins, Member
REMAND ORDER
¶1 The U.S. Court of Appeals for the Federal Circuit has remanded this case at
the Board’s request. Kohler v. Department of Homeland Security, No.
2016-1835, slip op. (Fed. Cir. Sept. 13, 2016). The Board VACATES its prior
split-vote order in the underlying case, MSPB Docket No. NY-0752-15-0199-I-1,
*
A nonprecedential order is one that the Board has determined does not add
significantly to the body of MSPB case law. Parties may cite nonprecedential orders,
but such orders have no precedential value; the Board and administrative judges are not
required to follow or distinguish them in any future decisions. In contrast, a
precedential decision issued as an Opinion and Order has been identified by the Board
as significantly contributing to the Board’s case law. See 5 C.F.R. § 1201.117(c).
2
and REMANDS the case to the administrative judge for further consideration in
light of the Court’s decision in Mitchell v. Merit Systems Protection Board,
741 F.3d 81 (Fed. Cir. 2014).
FOR THE BOARD: ______________________________
Jennifer Everling
Acting Clerk of the Board
Washington, D.C.