Case law

Gregory Price v. Department of Defense

Merit Systems Protection Board · Dec 12, 2023

The Board’s policy is to not consider prior discipline that has been overturned at the time of Board review. See Jones v. U.S. Postal Service, 110 M.S.P.R. 674, ¶ 7 (2009) (citing U.S. Postal Service v. … In Lopez v.

Kenneth Shaw v. Department of Veterans Affairs

Merit Systems Protection Board · Aug 28, 2014

v. … See Crosby v. U.S.

Brenda Farmer v. Office of National Drug Control Policy

Merit Systems Protection Board · Feb 28, 2024

v. … Merit Systems Protection Board, 759 F.2d 9, 10 (Fed. Cir. 1985); Francis v. Department of the Air Force, 120 M.S.P.R. 138, ¶ 14 (2013).

Kenneth Day v. Office of Personnel Management

Merit Systems Protection Board · Feb 28, 2024

When, as here, OPM fails to adjudicate all claims and dispositive issues before it, the Board may remand the case to OPM to conduct a full review of the matter. Bynum v. … OPM shall advise the appellant of his right to file an appeal with the Board’s Atlanta Regional Office if he disagrees with the new decision. See Litzenberger v.

Guido Libertiny v. Office of Personnel Management

Merit Systems Protection Board · Feb 21, 2023

See Panter v. … See Patillo v.

Deana Cooper v. Office of Personnel Management

Merit Systems Protection Board · Mar 6, 2024

Further, as an e-filer, she was responsible for actively monitoring her case in the Board’s e-Appeal system to ensure she received case-related documents. Mills 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).

Benjamin Love v. Agency for Global Media

Merit Systems Protection Board · Mar 6, 2024

Pirkkala v. Department of Justice, 123 M.S.P.R. 288, ¶ 5 (2016); see Clay 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).

Angela Snowden v. United States Postal Service

Merit Systems Protection Board · May 14, 2024

Hamilton v. Merit Systems Protection Board, 75 F.3d 639, 648 (Fed. Cir. 1996). … The Board in Cronin further held that, contrary to its prior suggestion in Latham v. U.S.

Michael Luong v. United States Postal Service

Merit Systems Protection Board · Apr 17, 2024

UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD MICHAEL 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).

Eleshia Heggins v. Department of Housing and Urban Development

Merit Systems Protection Board · May 1, 2024

v. … See Panter v.

Christine Ryba v. Department of the Army

Merit Systems Protection Board · Nov 16, 2023

See Adams v. Department of Defense, 688 F.3d 1330, 1335–36 (Fed. Cir. 2012) (finding that the appeal of an adverse VERA ruling is within the jurisdiction of the Board); Dawson v. … See Burgess v. Merit Systems Protection Board, 758 F.2d 641, 643-44 (Fed.

Debby Kantorowicz v. Department of the Air Force

Merit Systems Protection Board · Jun 5, 2023

Cleveland Board of Education v. Loudermill, 470 U.S. 532, 546 (1985). … Clay v.

Richard Mokua v. Department of Justice

Merit Systems Protection Board · Mar 22, 2024

. ¶2 The Board’s jurisdiction is limited to those matters over which it has been given jurisdiction by law, rule, or regulation. Maddox v. Merit Systems Protection Board, 759 F.2d 9, 10 (Fed. … See Vandewall v.

Jackson Rund v. Department of Veterans Affairs

Merit Systems Protection Board · Mar 11, 2024

v. … appeal, which was dismissed for lack of jurisdiction in an initial decision, and are not properly before the Board in the instant appeal, see Jackson v.

James Chesney v. United States Postal Service

Merit Systems Protection Board · Apr 29, 2024

See Galatis v. U.S. … See Murray v.

Randall D. Rogers v. Department of Transportation

Merit Systems Protection Board · Oct 16, 2014

Gray v. … The Board has previously upheld an agency’s removal action where an appellant has falsely claimed payments. See, e.g., Seibert v.

Felicia Jackson-Fisher v. United States Postal Service

Merit Systems Protection Board · Sep 13, 2022

Hillen v. … Generally, the Board favors live testimony over hearsay. Bledsoe v. Department of Justice, 91 M.S.P.R. 93, ¶ 7 n.4 (2002).

Harry Mahoel v. Department of the Army

Merit Systems Protection Board · Apr 19, 2024

Chavez v. … See Panter v.

Anwar Shaikh v. Smithsonian Institution

Merit Systems Protection Board · Apr 12, 2024

v. … See Panter v.

Zie Kone v. Department of the Navy

Merit Systems Protection Board · Feb 27, 2015

Nevertheless, as noted above, Board law is consistent in finding that removal is not appropriate for a single, first instance of such misconduct. E.g., O’Neill v. … Department of Labor, 58 M.S.P.R. 307, 316 (1993); see, e.g., Suggs v.