Case law

Martin F. Salazar v. Office of Personnel Management

Merit Systems Protection Board · Apr 23, 2015

The issue of jurisdiction is always before the Board and may be raised at any time during a proceeding. Morgan v. Department of the Navy, 28 M.S.P.R. 477, 478 (1985). … See Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991).

Keith K. Foo v. Department of Agriculture

Merit Systems Protection Board · Jun 3, 2015

Luecht v. … See Wagner v.

Mario Martinez v. Department of Homeland Security

Merit Systems Protection Board · Sep 26, 2022

v. … See Massey v. Office of Personnel Management, 91 M.S.P.R. 289, ¶ 4 (2002), overruled on other grounds by Delorme v.

Lisa Webster v. Department of Veterans Affairs

Merit Systems Protection Board · Sep 20, 2022

See Mahoney v. U.S. … See Massey v. Office of Personnel Management, 91 M.S.P.R. 289, ¶ 4 (2002), overruled on other grounds by Delorme v.

Gloria Sanford v. Department of Veterans Affairs

Merit Systems Protection Board · Feb 24, 2023

The Board has consistently held that it may only consider the specific allegations of reprisal which have been presented to OSC. E.g., Coufal 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. ____ , 137 S.

Lisa Phillips v. Department of Veterans Affairs

Merit Systems Protection Board · May 31, 2023

See Avansino v. U.S. … 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).

Olivia Cardone v. Department of Justice

Merit Systems Protection Board · May 31, 2023

v. … See Jezouit v.

Lewis Moss v. Department of Defense

Merit Systems Protection Board · Nov 5, 2014

v. … ID at 3-4 (citing Spruill v. Merit Systems Protection Board, 978 F.2d 679, 690-91 (Fed. Cir. 1992)).

Michael Coughlin v. Department of Housing and Urban Development

Merit Systems Protection Board · Jan 31, 2023

v. … Prewitt v. Merit Systems Protection Board, 133 F.3d 885, 887 (Fed. Cir. 1998); 5 C.F.R. § 300.104(a).

Jesse Halterman v. Department of Homeland Security

Merit Systems Protection Board · May 3, 2023

In an Order issued on June 23, 2022, the Board found that the agency’s evidence showed that it was largely in compliance with the administrative judge’s order. Halterman v. … subsequent proceedings under Halterman v.

Cheryl Cassarella v. Department of the Navy

Merit Systems Protection Board · Mar 2, 2023

v. … See Massey v. Office of Personnel Management, 91 M.S.P.R. 289, ¶ 4 (2002), overruled on other grounds by Delorme v.

Michael R. Jones v. Office of Personnel Management

Merit Systems Protection Board · Jan 20, 2015

See Ramirez v. Office of Personnel Management, 114 M.S.P.R. 511, ¶ 7 (2010). The Board has recognized an exception to that general rule, however, when OPM has failed to render a decision. Id. … See Cason v. Department of the Army, 118 M.S.P.R. 58, ¶ 5 (2012).

Guy Boyd v. Department of Veterans Affairs

Merit Systems Protection Board · Apr 3, 2023

However, in Oram v. … Department of Homeland Security, 110 M.S.P.R. 31 (2008), Styslinger v. Department of the Army, 105 M.S.P.R. 223 (2007), Jolley v. Department of Homeland Security, 105 M.S.P.R. 104 (2007), and Gingery v.

Steven Oliva v. Department of Veterans Affairs

Merit Systems Protection Board · May 5, 2023

Brum v. … Miller v.

Adam Powell v. Department of Veterans Affairs

Merit Systems Protection Board · Sep 30, 2022

Galleno v. … Cir. 1995) (Table); Goldberg v.

Lance McDermott v. United States Postal Service

Merit Systems Protection Board · Jan 19, 2023

v. … See, e.g., Zamot v. U.S.

Walter E. Hyde v. Office of Personnel Management

Merit Systems Protection Board · Feb 10, 2015

PFR File, Tab 4. ¶3 The Board’s jurisdiction is not plenary; it is limited to those matters over which it has been given jurisdiction by law, rule or regulation. Maddox v. … Moreover, he does not dispute that OPM rescinded its May 19, 2014 reconsideration decision, which divested the Board of jurisdiction over this appeal. See Tamayo v.

Casanova Hambrick v. United States Postal Service

Merit Systems Protection Board · Jul 14, 2022

Hambrick v. U.S. Postal Service, MSPB Docket No. DC-0752-14-0454-C-1, Final Order (Mar. 8, 2016). The U.S. Court of Appeals for the Federal Circuit affirmed the Board’s decision on appeal. Hambrick v. U.S. … See Senyszyn v.

Frederick Fair v. Department of Defense

Merit Systems Protection Board · Oct 26, 2022

v. … . ¶6 Absent other factors showing good cause, the Board has declined to excuse even delays that are not particularly lengthy. See, e.g., Melendez v.

Michael L. Macias v. Department of the Army

Merit Systems Protection Board · Jun 17, 2016

IAF, Tab 8 at 8; see Edwards v. U.S. … The Board has long held that such assertions are an insufficient basis for inferring actual prejudice. Parker v. Defense Logistics Agency, 1 M.S.P.R. 505, 514 (1980).