Case law

Andre Bell v. Smithsonian Institution

Merit Systems Protection Board · Oct 16, 2024

v. … The Board has held that fighting at the worksite during duty hours is serious. Grandison v. Department of the Navy, 7 M.S.P.R. 301, 304 (1981).

Pedro Vazquez v. Department of the Air Force

Merit Systems Protection Board · Jun 26, 2024

IAF, Tab 2 at 4 n.5; see Burgess v. Merit Systems Protection Board, 758 F.2d 641, 643-44 (Fed. … Williams v. Merit Systems Protection Board, 892 F.3d 1156 (Fed. Cir. 2018).

Rodger Reid v. Department of Transportation

Merit Systems Protection Board · Dec 20, 2024

v. … Nevertheless, having reviewed the evidence of record in light of the Board’s decision in Singh v. U.S.

Lavita Alston-Emerson v. Department of Defense

Merit Systems Protection Board · Feb 10, 2025

UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD LAVITA ALSTON-EMERSON, DOCKET NUMBER Appellant, DC-0752-20-0346-P-2 v … Court of Appeals for the Federal Circuit), within 30 calendar days after you receive this decision. 5 U.S.C. § 7703(b)(2); see Perry v. Merit Systems Protection Board, 582 U.S. 420 (2017).

Rebecca Morgan v. Department of Veterans Affairs

Merit Systems Protection Board · Sep 10, 2024

v. … Barrand v. Department of Veterans Affairs, 112 M.S.P.R. 210, ¶ 9 (2009) (citing Pennington v. Department of Veterans Affairs, 57 M.S.P.R. 8, 9-10 (1993)).

LaWana Aldridge v. Office of Personnel Management

Merit Systems Protection Board · Jul 12, 2024

See Crosby v. U.S. … See Russo v.

Ekta Srinivasa v. Department of Veterans Affairs

Merit Systems Protection Board · Sep 11, 2024

See Avansino v. U.S. Postal Service, 3 M.S.P.R. 211, 214 (1980); Clay v. … See Wood v.

John Paul Jones, III v. Department of Health and Human Services

Merit Systems Protection Board · Mar 11, 2016

The Board has the authority to decide a VEOA appeal on the merits, without a hearing, where there is no genuine dispute of material fact and one party must prevail as a matter of law. Haasz v. … Moreover, the Board may decide a VEOA claim on the merits without a hearing when there is no genuine issue of material fact and one party must prevail as a matter of law. Davis v.

Christopher W. Maloney v. Department of the Air Force

Merit Systems Protection Board · Nov 4, 2015

See Rivera v. … Alonzo v. Department of the Air Force, 4 M.S.P.R. 180, 184 (1980).

Edith Ibuzo v. Department of Veterans Affairs

Merit Systems Protection Board · Jul 29, 2024

See Dean v. U.S. … Banks v. Department of the Air Force, 4 M.S.P.R. 268, 271 (1980).

Contessa McCloud v. Department of Veterans Affairs

Merit Systems Protection Board · Aug 6, 2024

v. … Hessami v. Merit Systems Protection Board, 979 F.3d 1362, 1364, 1369 (Fed. Cir. 2020).

David Soroka v. Department of Commerce

Merit Systems Protection Board · Aug 30, 2024

v. … Accordingly, the only issue before the Board on petition for review is that of penalty. Because the agency’s charge was sustained, the Board’s authority to review the penalty is limited. Cantu v.

Frederick Jacob Roll v. Department of Veterans Affairs

Merit Systems Protection Board · Apr 15, 2016

See Phillip v. Merit Systems Protection Board, No. 2016–1002, 2016 WL 929856, at *2 (Fed. Cir. … Merit Systems Protection Board, 388 F. App’x 965, 967 (Fed. Cir. 2010); Linder v. Department of Justice, 122 M.S.P.R. 14, ¶ 14 (2014); McDonnell v.

Carl R. Benavidez v. Department of the Navy

Merit Systems Protection Board · May 4, 2016

Id.; see Strickler v. … ID at 4-5 n.6; see Crosby v. U.S.

Michelle R. Mattox v. Office of Personnel Management

Merit Systems Protection Board · Mar 9, 2016

PFR File, Tab 6; see Martin v. … Because the rescission of a reconsideration decision divests the Board of jurisdiction over an appeal in which that decision is at issue, the appeal must be dismissed. See Rorick v.

Robert Donnell Donaldson v. Department of the Navy

Merit Systems Protection Board · Mar 24, 2016

Applying the Board’s decision in Einboden v. Department of the Navy, 122 M.S.P.R. 302, ¶¶ 15‑16, aff’d, 802 F.3d 1321 (Fed. … See Yee v.

Daniel J Ruiz v. Department of Justice

Merit Systems Protection Board · Sep 4, 2024

See Grassell v. … Court of Appeals for the Federal Circuit), within 30 calendar days after you receive this decision. 5 U.S.C. § 7703(b)(2); see Perry v. Merit Systems Protection Board, 582 U.S. 420 (2017).

Matilda Miles v. Office of Personnel Management

Merit Systems Protection Board · Jun 28, 2024

We find that the appellant’s one-sentence petition for review does not meet the Board’s criteria for review under 5 C.F.R. § 1201.115. See Tines v. … However, the Board lacks jurisdiction to address such a claim. See, e.g., Maddox v. Merit Systems Protection Board, 759 F.2d 9, 10 (Fed.

Mark Tartaglia v. Department of Veterans Affairs

Merit Systems Protection Board · Jul 8, 2024

ANALYSIS In proceedings on petition for enforcement of a Board order, the agency bears the burden of proving that it has complied with the final order. Lua v. … We agree with the administrative judge that the Board’s decision in Bonggat is not instructive under the facts of the instant appeal. CID at 7. The appellant cites Spencer v.

Donna J Gregory v. Office of Personnel Management

Merit Systems Protection Board · Sep 16, 2024

If OPM completely rescinds a reconsideration decision, the Board no longer retains jurisdiction over the appeal in which that reconsideration decision was at issue, and the appeal must be dismissed. Glasgow v. … Court of Appeals for the Federal Circuit), within 30 calendar days after you receive this decision. 5 U.S.C. § 7703(b)(2); see Perry v. Merit Systems Protection Board, 582 U.S. 420 (2017).