Case law

Robert H. Cohn v. Department of Defense

Merit Systems Protection Board · Jun 25, 2015

See generally Bean v. U.S. Postal Service, 120 M.S.P.R. 397, ¶¶ 7-11 (2013) (jurisdictional standard for a constructive adverse action appeal); Brown v. U.S. … See Maddox v. Merit Systems Protection Board, 759 F.2d 9, 10 (Fed.

Terry Lee Scott v. United States Postal Service

Merit Systems Protection Board · Jun 30, 2015

Postal Service, 120 M.S.P.R. 397, ¶¶ 7-8 (2013); Brown v. U.S. … In Bean, the Board overruled Johnson v. U.S.

William L. Owens v. Department of the Army

Merit Systems Protection Board · Sep 21, 2015

Kolenc v. … PFR File, Tab 1 at 21-22; ID at 7 n.2 (citing Brown v. Department of the Interior, 121 M.S.P.R. 205, ¶ 19 (2014)).

Brian Zeitz v. Department of Veterans Affairs

Merit Systems Protection Board · May 25, 2022

Brown v. … See Baumgartner v.

Konstantina Tatsis v. Department of Housing and Urban Development

Merit Systems Protection Board · Aug 9, 2022

-V-1 v. … Brown v. Department of the Interior, 121 M.S.P.R. 205, ¶ 21 (2014); 29 C.F.R. part 1630 app.

Thaddeus A. Knight v. Department of Justice

Merit Systems Protection Board · Feb 16, 2016

Concurrently, the appellant had before the Board another restoration appeal, which the Board remanded to the Atlanta Regional Office for a jurisdictional hearing. Knight v. … See generally Brown v.

Sonya Jones v. Department of Veterans Affairs

Merit Systems Protection Board · Aug 15, 2024

Hessami v. Merit Systems Protection Board, 979 F.3d 1362, 1364, 1369 (Fed. … See Ruggieri v. Merit Systems Protection Board, 454 F.3d 1323, 1326 (Fed.

Donna Wellington v. Department of Veterans Affairs

Merit Systems Protection Board · Apr 27, 2022

Brown v. … See Baumgartner v.

Faye Hobson v. Department of Defense

Merit Systems Protection Board · Oct 6, 2022

Id.; see generally Brown v. Department of the Navy, 102 M.S.P.R. 377, ¶ 14 (2006) (recognizing that a dismissal without prejudice is not a decision on the merits); Peltier v. … See Henry v.

Dennis W Trujillo v. Office of Personnel Management

Merit Systems Protection Board · Nov 14, 2024

Fisher v. … Brown v. U.S.

Saeed Tavakkol v. United States Postal Service

Merit Systems Protection Board · Jan 9, 2024

v. … Hosozawa v.

Thomas Coogan v. Office of Personnel Management

Merit Systems Protection Board · Jan 23, 2023

DISCUSSION OF ARGUMENTS ON REVIEW ¶4 The Board has jurisdiction to hear appeals of final OPM decisions under 5 U.S.C. § 8347(d) and 5 C.F.R. § 831.110. Brown v. … Because rescinding a reconsideration decision divests the Board of jurisdiction over an appeal in which that decision is at issue, the Board lacks jurisdiction over the instant appeal. See Rorick v.

Robert Colpitts v. Department of Veterans Affairs

Merit Systems Protection Board · Apr 27, 2023

Axsom v. … ID at 5-6; see Brown v. U.S. Postal Service, 115 M.S.P.R. 609, ¶ 15, aff’d, 469 F. App’x 852 (Fed. Cir. 2011); Miller v. Department of Defense, 85 M.S.P.R. 310, ¶ 29 (2000).

Neena Murphy-Martin v. Department of Veterans Affairs

Merit Systems Protection Board · Mar 9, 2023

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. Vaughan v. … Brown v.

Tonya Evette Rhodes v. Department of Veterans Affairs

Merit Systems Protection Board · Sep 25, 2015

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

Larry Coleman v. Department of the Navy

Merit Systems Protection Board · Jul 5, 2024

The issue of the Board’s jurisdiction is always before the Board and may be raised by either party or sua sponte by the Board at any time during a Board proceeding. Simnitt v. … See Brown v. U.S. Postal Service, 115 M.S.P.R. 609, ¶ 15 (2011) (explaining that an employee is not guaranteed a working environment free of stress); cf.

William Anderson v. Department of the Treasury

Merit Systems Protection Board · Apr 14, 2022

v. … Brown v. Office of Personnel Management, 113 M.S.P.R. 325, ¶ 5 (2010). ¶6 We find that the agency has submitted sufficient evidence to establish its compliance with the Board’s order.

Angel Walker v. Department of the Army

Merit Systems Protection Board · May 7, 2024

Id.; Brown v. Department of the Interior, 86 M.S.P.R. 546, ¶ 17 (2000). The settlement agreement stated, as relevant here: Complainant will withdraw the aforementioned matter. … Vance v.

Gail L. Stanley v. Department of Veterans Affairs

Merit Systems Protection Board · Jun 4, 2015

Burgess v. Merit Systems Protection Board, 758 F.2d 641, 643 (Fed. Cir. 1985). … See, e.g., Brown v. U.S. Postal Service, 115 M.S.P.R. 609, ¶ 15, aff’d, 469 F. App’x 852 (Fed. Cir. 2011), cert. denied, 133 S.

Michael Ervin v. United States Postal Service

Merit Systems Protection Board · Aug 29, 2024

v. … Brown v.