Case law

Anthony Salazar v. Department of Veterans Affairs

2022 MSPB 42 · Merit Systems Protection Board · Dec 13, 2022

Swanson v. … FOR THE BOARD: /s/ Jennifer Everling Acting Clerk of the Board Washington, D.C.

Kourtney Hollingsworth v. Department of Housing and Urban Development

Merit Systems Protection Board · Nov 26, 2024

v. … Starkey, 2024 MSPB 6, ¶ 16 n.4; Green-Brown v. Department of Defense, 118 M.S.P.R. 327, ¶ 5 (2012).

Tonya Rhodes v. Department of Veterans Affairs

Merit Systems Protection Board · Apr 26, 2022

v. … Brown v. Office of Personnel Management, 113 M.S.P.R. 325, ¶ 5 (2010).

Zachary M. Batara v. Department of the Navy

2016 MSPB 15 · Merit Systems Protection Board · Mar 7, 2016

See Crosby v. U.S. … Patterson v.

Lawrence Mattison v. Department of Veterans Affairs

2016 MSPB 27 · Merit Systems Protection Board · Jul 14, 2016

Gonzalez v. … FOR THE BOARD: ______________________________ Jennifer Everling Acting Clerk of the Board Washington, D.C.

Ilan Fouks v. Department of Veterans Affairs

2015 MSPB 37 · Merit Systems Protection Board · May 22, 2015

See Simmons v. … Generally, a reduction in grade that an employee accepts voluntarily is not within the Board’s jurisdiction. Harris v. Department of Veterans Affairs, 114 M.S.P.R. 239, ¶ 8 (2010); see Elmore v.

David O. Rassenfoss v. Department of the Treasury

2014 MSPB 68 · Merit Systems Protection Board · Aug 22, 2014

See, e.g., Beck v. … McKinney v.

Joseph E. Schmitz v. Office of Personnel Management

Merit Systems Protection Board · Jan 20, 2016

House v. Department of the Army, 98 M.S.P.R. 530, ¶ 9 (2005). The agency bears the burden to prove its compliance with a Board order. … Brown v. Office of Personnel Management, 113 M.S.P.R. 325, ¶ 5 (2010). ¶5 On September 21, 2015, OPM filed a submission purporting to show full compliance with this order. MSPB Docket No.

John Doe v. Department of Justice

2014 MSPB 75 · Merit Systems Protection Board · Sep 23, 2014

Doe v. Department of Justice, 118 M.S.P.R. 434, ¶ 3 (2012) (Doe I). The appellant filed an appeal of his removal to the Board. Id., ¶ 5. … Grimes v. 6 The Board is not permitted to grant summary judgment because an appellant has the right to a hearing pursuant to 5 U.S.C. § 7701(a)(1). Crispin v.

Lawrence Mattison v. Department of Veterans Affairs

2016 MSPB 27 · Merit Systems Protection Board · Jul 15, 2016

Gonzalez v. … FOR THE BOARD: ______________________________ Jennifer Everling Acting Clerk of the Board Washington, D.C.

Roscoe Price v. Department of Education

Merit Systems Protection Board · May 1, 2024

v. … See Brown v. Department of the Air Force, 88 M.S.P.R. 22, ¶ 5 (2001) (holding that laches bars a claim when an unreasonable delay in bringing the claim has prejudiced the party against whom the action is taken).

Ricky N. Dawson v. Department of Agriculture

2014 MSPB 67 · Merit Systems Protection Board · Aug 21, 2014

In Cleveland Board of Education v. … Walls v. Merit Systems Protection Board, 29 F.3d 1578, 1582 (Fed. Cir. 1994) (“‘broad equitable principles of justice and good conscience’ should be applied in good cause determinations”) (quoting Alonzo v.

Dongwook Lee v. Department of the Army

Merit Systems Protection Board · Jul 3, 2024

v. … Generally, the Board lacks the authority to review an employee’s decision to resign, which is presumed to be a voluntary act. Brown v. U.S. Postal Service, 115 M.S.P.R. 609, ¶ 9, aff’d sub nom. Brown v.

Rochelle Wyatt v. United States Postal Service

Merit Systems Protection Board · Feb 2, 2023

Vaughan v. Department of Agriculture, 116 M.S.P.R. 319, ¶ 5 (2011). The agency bears the burden to prove its compliance with a Board order. Id. … See Brown v.

Barbara Kinnard v. Department of Veterans Affairs

Merit Systems Protection Board · Apr 30, 2024

Brown v. Office of Personnel Management, 86 M.S.P.R. 417, ¶ 8 (2000). … Trinkl v. Merit Systems Protection Board, 727 F. App’x 1007, 1010 (Fed.

Michael Kemp v. Department of the Army

Merit Systems Protection Board · Sep 20, 2024

Brown v. U.S. … Sheehan v. Department of the Navy, 240 F.3d 1009, 1014 (Fed. Cir. 2001).

George Duggan v. Department of Defense

Merit Systems Protection Board · May 3, 2023

appellant of the opportunity to have his case decided on the merits.  5 Brown v. … Schnell v. Merit Systems Protection Board, 673 F. App’x 1011 (Fed. Cir. 2017).  6 v.

Ricky N. Dawson v. Department of Agriculture

2014 MSPB 67 · Merit Systems Protection Board · Aug 21, 2014

In Cleveland Board of Education v. … Walls v. Merit Systems Protection Board, 29 F.3d 1578, 1582 (Fed. Cir. 1994) (“‘broad equitable principles of justice and good conscience’ should be applied in good cause determinations”) (quoting Alonzo v.

Teresa L. Ruckman v. Department of the Navy

Merit Systems Protection Board · Nov 18, 2025

See Clemens v. … Brown v. Department of the Interior, 121 M.S.P.R. 205, ¶ 18 (2014), overruled on other grounds by Haas, 2022 MSPB 36; see Douglas v.

John W. Morrison v. Department of the Navy

2015 MSPB 15 · Merit Systems Protection Board · Feb 23, 2015

Bean v. U.S. … See Pickens v.