Case law

Michael Cousin v. Department of Homeland Security

Merit Systems Protection Board · Jul 24, 2015

Brown v. Department of the Interior, 121 M.S.P.R. 205, ¶ 26 (2014). In this case, it is undisputed that the appellant’s disability, real or perceived, was the underlying reason for his removal. … Cleveland Board of Education v. Loudermill, 470 U.S. 532, 546 (1985).

Timothy Joel v. Department of Justice

Merit Systems Protection Board · Feb 1, 2023

When the administrative judge issued the initial decision, he did not have the benefit of the Board’s decision in Gardner v. … Brown v. Department of the Navy, 229 F.3d 1356 (Fed.

Jennifer Seed v. Environmental Protection Agency

Merit Systems Protection Board · Dec 28, 2016

Brown v. U.S. Postal Service, 115 M.S.P.R. 609, ¶ 9, aff’d, 469 F. App’x 852 (Fed. Cir. 2011). … Brown, 115 M.S.P.R. 609, ¶ 15 (quoting Miller v. Department of Defense, 85 M.S.P.R. 310, ¶ 32 (2000)).

Jimmy Trinetra v. Department of Veterans Affairs

Merit Systems Protection Board · May 22, 2024

In so doing, the Board cited Cheers v. Office of Personnel Management, 87 M.S.P.R. 591, ¶ 11 (2001), Justice v. Department of the Navy, 89 M.S.P.R. 379, ¶ 2-3 (2001), and Cunningham v. … ID at 18-21; see Brown v.

LaDonna Watson v. United States Postal Service

Merit Systems Protection Board · Aug 15, 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. … Brown v.

Garth K. Trinkl v. Department of Commerce

Merit Systems Protection Board · Oct 19, 2016

DISCUSSION OF ARGUMENTS ON REVIEW ¶5 Generally, the Board lacks jurisdiction to review an employee’s decision to retire, which is presumed to be a voluntary act. Brown v. U.S. … See Panter v.

Ronny Grina v. Department of the Army

Merit Systems Protection Board · Apr 8, 2024

Cleveland Board of Education v. Loudermill, 470 U.S. 532, 546 (1985). … See, e.g., Brown v. Department of the Treasury, 91 M.S.P.R. 60, ¶ 7 (2002); Douglas v. Veterans Administration, 5 M.S.P.R. 280, 302 (1981).

Maurice Perry White v. Department of Defense

Merit Systems Protection Board · Sep 20, 2016

v. … Brown v.

Marlene Abrams v. Marlene R. Abrams

Merit Systems Protection Board · Nov 17, 2022

See Fox v. … ID at 49; see Brown v.

Jennifer Seed v. Environmental Protection Agency

Merit Systems Protection Board · Dec 28, 2016

Brown v. U.S. Postal Service, 115 M.S.P.R. 609, ¶ 9, aff’d, 469 F. App’x 852 (Fed. Cir. 2011). … Brown, 115 M.S.P.R. 609, ¶ 15 (quoting Miller v. Department of Defense, 85 M.S.P.R. 310, ¶ 32 (2000)).

Matthew Sheridan v. Office of Personnel Management

Merit Systems Protection Board · Jun 1, 2026

In the context of an appeal of an adverse personnel action, the Board has stated that an appellant’s relinquishment of her right to appeal to the Board must be by clear, unequivocal, and decisive action. Cason v. … The Board has also stated that, absent unusual circumstances, the withdrawal of an appeal is an act of finality that has the effect of removing the matter from the Board’s jurisdiction. Pradier v. U.S.

Jeremy Cable v. Office of Personnel Management

Merit Systems Protection Board · May 23, 2024

v. … Cole v.

Daniel Lynn v. Department of Veterans Affairs

Merit Systems Protection Board · Mar 28, 2025

UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD DANIEL LYNN, DOCKET NUMBER Appellant, SF-0714-17-0702-R-2 v … Secrist v. U.S. Postal Service, 115 M.S.P.R. 199, ¶ 8 (2010); Henson v. Department of the Treasury, 86 M.S.P.R. 221, ¶ 15 (2000); 5 C.F.R. § 1201.182(a).

Michael Ervin v. United States Postal Service

Merit Systems Protection Board · Mar 15, 2024

Ervin v. U.S. Postal Service, MSPB Docket No. SF-0752-17-0722-I-1, Initial Appeal File (IAF), Tab 1. … . ¶2 On March 18, 2019, the appellant filed a petition for enforcement of the Board’s Order, alleging that the agency had not yet returned him to work. Ervin v. U.S. Postal Service, MSPB Docket No.

Lance McDermott v. United States Postal Service

Merit Systems Protection Board · Apr 25, 2024

v. … Panter v.

Joseph Neimy v. U.S. Postal Service

Merit Systems Protection Board · Feb 23, 2026

v. … v.

Patricia V Soucie v. Department of Health and Human Services

Merit Systems Protection Board · Jul 10, 2024

UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD PATRICIA V. … Tab 7 at 36-38; see Mc Clendon v.

Kathleen Kaplan v. Department of the Air Force

Merit Systems Protection Board · Oct 6, 2022

These are the same elements and burden of proof that the Board applied in Thompson v. … See Brown v. Veterans Administration, 44 M.S.P.R. 635, 640 (1990).

Cris Sonnichse v. Department of the Navy

Merit Systems Protection Board · May 15, 2024

See Avansino v. U.S. … See Caldwell v.

Damas Alabre v. Department of Homeland Security

Merit Systems Protection Board · Jul 5, 2023

AT-0752-22-0176-I-1, and Alabre v. Office of Personnel Management, MSPB Docket No. AT-844E-22-0174-I-1. We VACATE the Board’s January 27, 2023 Final Order in Alabre v. … See McGuire v. U.S.