Case law

Susan Hoffman v. United States Postal Service

Merit Systems Protection Board · Jul 21, 2022

See Lawson v. U.S. … ID at 6-7; see Brown v.  8 U.S. Postal Service, 115 M.S.P.R. 609, ¶¶ 10-11, aff’d, 469 F. App’x 852 (Fed.

Darlyn Scovell v. Department of the Navy

Merit Systems Protection Board · Jan 31, 2023

(Filipino Chinese) and color (brown). … See Ly v.

Tonya L. Jefferson v. Department of Veterans Affairs

Merit Systems Protection Board · Sep 25, 2015

Thus, an agency’s failure to accommodate an eligible employee is simply a factor to be considered in assessing whether a resignation was involuntary. 4 Brown v. U.S. … Court of Appeals for the Federal Circuit, the decisions of the circuit courts are not binding on the Board, but the Board may follow them if it finds their reasoning persuasive. Bowman v.

Jose Rosario-Fabregas v. Department of the Army

Merit Systems Protection Board · Aug 1, 2022

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). ¶9 As explained above, there are two outstanding compliance issues. In the compliance initial decision issued in MSPB Docket No.

Sherilyn L. Tillman v. Department of Veterans Affairs

Merit Systems Protection Board · May 18, 2015

See Brown v. National Archives and Records Administration, 92 M.S.P.R. 95, ¶ 8 (2002). … v.

Valentina Cruz v. Office of Personnel Management

Merit Systems Protection Board · Mar 26, 2024

Brown v. Department of the Navy, 102 M.S.P.R. 377, ¶ 10 (2006); Peartree, 66 M.S.P.R. at 337. … Navarro v.

Toccara Greene v. Department of the Army

Merit Systems Protection Board · May 6, 2024

Thus, we discern no basis to disturb the administrative judge’s finding. 4 See Brown v. … v.

Kevin Michael Bridge, Sr. v. Department of Veterans Affairs

Merit Systems Protection Board · Jan 23, 2015

v. … Clavin v. U.S. 5 We further note that the denial of overtime or premium pay is not a reduction in pay that is appealable to the Board. See Bell v.

Cyril L. Edwards v. United States Postal Service

Merit Systems Protection Board · Jan 5, 2016

. ¶9 The appellant urges us to conclude, as the Board did in Raco v. … In Brown v.

Michael Favreau v. Department of the Army

Merit Systems Protection Board · Apr 4, 2022

Order in Favreau v. … Brown v. Office of Personnel Management, 113 M.S.P.R. 325, ¶ 5 (2010). ¶13 The agency’s submissions have provided evidence that the agency is now in compliance with the Board’s Order.

Eugene Johnson v. Department of the Navy

Merit Systems Protection Board · Apr 15, 2024

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).

Tinker Hearing A-D v. Department of the Air Force

Merit Systems Protection Board · Jun 5, 2015

Hearsay evidence is admissible in Board proceedings. Borninkhof v. Department of Justice, 5 M.S.P.R. 77, 83-87 (1981). … Anderson DA-0752-13-0734-I-1 Brenda Brown DA-0752-13-1570-I-1 Brian R.

Tom P. Sawyer v. Department of the Air Force

Merit Systems Protection Board · Sep 8, 2015

Nunes v. … See Brown v.

Adam Erwin v. Department of Homeland Security

Merit Systems Protection Board · Oct 17, 2014

See Crosby v. U.S. … See Brown v. Department of the Interior, 121 M.S.P.R. 205, ¶ 17 (2014).

Nancy Swick v. Department of Defense

Merit Systems Protection Board · May 12, 2023

Searcy v. Department of Commerce, 114 M.S.P.R. 281, ¶ 12 (2010). An involuntary resignation, however, is tantamount to a removal and is thus within the Board’s jurisdiction. Adams v. U.S. … Brown v. U.S. Postal Service, 115 M.S.P.R. 609, ¶ 10, aff’d, 469 F. App’x 852 (Fed. Cir. 2011).

Trevor McCardle v. Equal Employment Opportunity Commission

Merit Systems Protection Board · May 13, 2024

v. … Brown v. Office of Personnel Management, 113 M.S.P.R. 325, ¶ 5 (2010). Here, the agency’s outstanding compliance issue was to pay the appropriate amount of back pay and interest on the back pay. CID at 11.

David Shu v. United States Postal Service

Merit Systems Protection Board · Nov 7, 2022

Brown v. … Shu v. Merit Systems Protection Board, 689 Fed. Appx. 971, 974 (Fed.

John Surowiecki v. Department of Homeland Security

Merit Systems Protection Board · Jul 8, 2024

Parties to a Board appeal are permitted to plead in the alternative, Tompkins v. … See Brown v.

Diane Hodge v. Department of Veterans Affairs

Merit Systems Protection Board · May 10, 2024

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

Kim Rockwell v. Department of the Treasury

Merit Systems Protection Board · Apr 24, 2024

Brown v. Department of the Interior, 86 M.S.P.R. 546, ¶ 11 (2000). Here, the appellant does not explicitly challenge the settlement agreement on any of these bases. … See Sharkey v.