# Gerald L. Naekel v. Department of Transportation, Federal Aviation Administration

> Court of Appeals for the Federal Circuit · June 28, 1988 · 850 F.2d 682

URL: https://www.frixlaw.com/law-library/cases/9477849

## Case

- **Full name:** Gerald L. NAEKEL, Petitioner, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent
- **Court:** Court of Appeals for the Federal Circuit
- **Decided:** June 28, 1988
- **Citations:** 850 F.2d 682; 1988 U.S. App. LEXIS 8744; 1988 WL 64976
- **Precedential status:** Published
- **Opinion:** Dissent by Bissell
- **Judges:** Smith, Newman, Bissell
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9477849

## How later opinions describe it (automated extraction)

- noting that “[retroactive] promotion . . . [is] inap- propriate if the employee would have been only one of several qualified candidates for the promotion, but the factual record did not clearly establish that the employee would have been selected for promotion”
- discussing the FBPA’s “requirement that a wrongfully discharged employee make reasonable efforts to mitigate damages”
- noting that "[t]his formula appears to be fair and apt"

## Opinion text

BISSELL, Circuit Judge,
dissenting-in-part.
I respectfully dissent from Part B of the opinion. I would reverse the Board and apply the generalized overtime calculation approved by this court in Spezzaferro v. FAA, 807 F.2d 169, 171, 173-74 (Fed Cir.1986). It is only proper that the formula for calculating back pay for FAA employees during the same time frame be consistently applied and not subject to the whim of the agency depending on which calculation will produce the least cost to the agency.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9477849. Public record. Not legal advice.