Case law

Suzanne Kelley v. Department of the Interior

Merit Systems Protection Board · Apr 1, 2022

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

John Wilt v. Department of the Navy

Merit Systems Protection Board · May 3, 2022

-1 v. … See Massey v. Office of Personnel Management, 91 M.S.P.R. 289, ¶ 4 (2002), overruled on other grounds by Delorme v.

Damas Alabre v. Department of Homeland Security

Merit Systems Protection Board · Jan 27, 2023

Because the appellant’s acceptance of the reassignment was voluntary by his own admissions, the Board clearly lacks jurisdiction over this claim, and we need not consider it further. See Holloway 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.

Lucy DeLorenzo v. Office of Personnel Management

Merit Systems Protection Board · Feb 1, 2023

Gaydon v. U.S. Postal Service, 62 M.S.P.R. 198, 202 (1994). … Alonzo v. Department of the Air Force, 4 M.S.P.R. 180, 184 (1980).

Jimmie Miller v. Department of Veterans Affairs

Merit Systems Protection Board · Jul 18, 2023

See Isabella v. … Russell v.

Milagros Ortiz v. Department of the Interior

Merit Systems Protection Board · Feb 7, 2023

-I-1 v. … Thus, a reassignment without a reduction in grade or basic rate of pay is ordinarily not appealable to the Board under 5 U.S.C. § 7513(d). Pierce v.

Gregory Lantz v. Department of the Army

Merit Systems Protection Board · May 20, 2022

I-2 AF, Tab 7 at 28. 5 The administrative judge acknowledged that the Board may rely on unpublished Federal Circuit decisions if the Board finds the court’s reasoning persuasive. Mauldin v. U.S. … See Lee v.

Benjamin Jenkins v. Department of the Navy

Merit Systems Protection Board · Nov 8, 2022

Maddox v. Merit Systems Protection Board, 759 F.2d 9, 10 (Fed. Cir. 1985). … Ellefson v.

Aubrey Carney v. Department of Veterans Affairs

Merit Systems Protection Board · Feb 28, 2023

See Thomas v. Department of Veterans Affairs, 78 M.S.P.R. 304, 306 (1998). ¶8 Only an “employee” as defined in 5 U.S.C. § 7511 can appeal a constructive adverse action to the Board. Mfotchou v. … ID at 3; see Easterling v. U.S.

Benoit Brookens v. Department of Labor

Merit Systems Protection Board · Dec 16, 2014

v. … Brookens v. Department of Labor, MSPB Docket No. CB-7121713-0012-V-1, Tab 32. The Board granted the request, giving the appellant until October 20, 2014, to file exceptions. Id., Tab 33.

John Paul Jones, III v. Department of Veterans Affairs

Merit Systems Protection Board · Apr 13, 2015

v. … ID at 2; see Bieber v. Department of the Army, 287 F.3d 1358, 1362-63 (Fed. Cir. 2002) (quoting Liteky v.

Paul G. Miranne v. Department of the Navy

Merit Systems Protection Board · Feb 27, 2015

Id., ¶ 7; see Prewitt v. Merit Systems Protection Board, 133 F.3d 885, 888 (Fed. Cir. 1998). … See Chadwell v. Merit Systems Protection Board, 629 F.3d 1306, 1311 (Fed. Cir. 2010); Mapstone v.

Sara S. Reed v. United States Postal Service

Merit Systems Protection Board · Sep 5, 2014

See Harris v. U.S. … See Resnick v. Office of Personnel Management, 120 M.S.P.R. 356, ¶ 12 (2013); see also Sullivan v.

Julio Casas v. Department of Homeland Security

Merit Systems Protection Board · Jan 19, 2023

Singh v. U.S. Postal Service, 2022 MSPB 15, ¶ 14. … decision in Savage v.

Lisa Giugliano v. Department of Veterans Affairs

Merit Systems Protection Board · May 2, 2023

ID at 28-33; see generally Kitlinski v. Merit Systems Protection Board, 857 F.3d 1374, 1381 & n.3 (Fed. … See Silva v. Department of Homeland Security, 112 M.S.P.R. 362, ¶ 10 (2009). By contrast, the Board’s remedial authority under USERRA comes from 38 U.S.C. § 4324(c)(2). Johnson v. U.S.

Terry L. Foster v. Smithsonian Institution

Merit Systems Protection Board · Feb 19, 2015

See Raphel v. … The Board has long held that the appellant is responsible for the errors of his chosen representative in failing to timely file an appeal. Sofio v.

Wanda Duggins v. Department of Veterans Affairs

Merit Systems Protection Board · May 25, 2022

Hicks v. Department of the Navy, 33 M.S.P.R. 511, 512-13 (1987). … Armstrong v.

Rosalind Davis v. Social Security Administration

Merit Systems Protection Board · Aug 21, 2014

See Keller v. Department of the Army, 113 M.S.P.R. 557, ¶ 6 (2010) (the Board cannot substitute its conclusions for those of the arbitrator absent legal error); Cirella v. … On review, the Board noted that in Cuiffo, Belldina, and Montalvo v. U.S.

Sharon Njemanze v. Office of Personnel Management

Merit Systems Protection Board · Apr 6, 2023

Initial Appeal File, Tab 10, Initial Decision at 1-2; see Glasgow v. Office of Personnel Management, 103 M.S.P.R. 531, ¶ 5 (2006). … 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.

Terrence Coffie v. Department of Veterans Affairs

Merit Systems Protection Board · May 10, 2022

See Broughton v. … See Avansino v. U.S.