Case law

Steven McDaniel v. Department of Veterans Affairs

Merit Systems Protection Board · Nov 17, 2023

The Board may grant the extension for any period that it considers appropriate. 5 U.S.C. § 1214(b)(1)(B); Special Counsel ex rel. Waddell v. … StephensonPino v.

Michael Bullock v. Department of Veterans Affairs

Merit Systems Protection Board · Feb 19, 2025

v. … See Cameron v.

Janice Daniels v. United States Postal Service

Merit Systems Protection Board · Jan 19, 2024

The Board’s decision to do so involves balancing the desirability of finality and the public interest in reaching what ultimately appears to be the right decision. See generally Shannon v. … The Board has found that such circumstances would justify withdrawal of an appeal without prejudice to refiling. See Soto v. Department of Justice, 95 M.S.P.R. 552, ¶ 7 (2004).

Vanessa Scott v. Department of Veterans Affairs

Merit Systems Protection Board · Feb 4, 2025

The Board can consider a settlement agreement reached outside of a Board proceeding to determine its effect on a personnel action before the Board and any waiver of appeal rights. Swidecki v. U.S. … See Mahoney v. U.S. Postal Service, 37 M.S.P.R. 146, 149 (1988).

Sean J Gutterman v. Department of Treasury

Merit Systems Protection Board · Aug 22, 2024

See Russo 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).

Mark A. McGarry v. Department of Veterans Affairs

Merit Systems Protection Board · Sep 9, 2016

He filed a timely Board appeal challenging that removal on July 26, 2013. McGarry v. Department of Veterans Affairs, MSPB Docket No. DE-0752-13- 0762-I-1. … The Board has found that a voluntary dismissal with prejudice does constitute a decision on the merits, barring relitigation under the doctrine of res judicata. Brown v.

Lonnie Turner v. Department of Veterans Affairs

Merit Systems Protection Board · May 18, 2026

However, we have considered the parties’ new evidence to the extent it concerns the issue of the Board’s jurisdiction because the Board’s jurisdiction can be raised at any time including on review. Stoglin v. … Postal Service, 121 M.S.P.R. 294, ¶¶ 6, 10 (2014) (citing Pittman v. Merit Systems Protection Board, 832 F.2d 598, 598-600 (Fed.

John Woodmaska v. Department of Energy

Merit Systems Protection Board · Sep 28, 2016

. ¶7 It is well settled that the Board generally does not have jurisdiction to review an agency’s decision not to select a particular applicant for a position. Brown v. … See Becker v.

Kathy Courtney v. Equal Employment Opportunity Commission

Merit Systems Protection Board · May 30, 2024

See Banks v. … See Walton v.

Kristina Mannucci v. Department of the Army

Merit Systems Protection Board · Jan 15, 2025

v. … The Board’s adverse action jurisdiction extends to suspensions of more than 14 days. 5 U.S.C. § 7512(2); 5 C.F.R. § 752.402; see Lazard v. U.S.

Energy, Interested Terminated Probationary Employee v. Office of Personnel Management

Merit Systems Protection Board · Jun 18, 2026

, Petitioner, v. … Tabradillo v. Office of Personnel Management, 93 M.S.P.R. 257, ¶ 2 (2003).

Treasury, Interested Terminated Probationary Employees v. Office of Personnel Management

Merit Systems Protection Board · Jun 18, 2026

Petitioners, v. … Tabradillo v. Office of Personnel Management, 93 M.S.P.R. 257, ¶ 3 (2003).

William Coy v. Department of the Treasury

Merit Systems Protection Board · Jul 5, 2023

Taylor v. Department of the Army, 107 M.S.P.R. 638, ¶ 17 & n* (finding no error in sustaining a specification when the agency proved the essence of the specification); Brown v. U.S. … Burroughs v.

Jason Howard v. Department of Labor

Merit Systems Protection Board · Aug 28, 2024

The Board has held that an appellant’s difficulty in obtaining a representative does not excuse his failure to prosecute his appeal by not complying with the Board’s orders. Williams 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).

Zerina Spalding v. Department of the Treasury

Merit Systems Protection Board · Mar 21, 2023

By order dated January 23, 2023, the Board extended the stay through March 24, 2023. Special Counsel ex rel. Zerina Spalding v. Department of the Treasury , MSPB Docket No. … The Board may grant the extension for any period that it considers appropriate. 5 U.S.C. § 1214(b)(1)(B)(i); Special Counsel ex rel. Waddell v.

Larry Walker v. Department of the Army

Merit Systems Protection Board · May 8, 2023

On May 5, 2023, the Board issued a decision dismissing the petition for review as to the merits issue as untimely filed without good cause shown. Walker v. Department of the Army, MSPB Docket No. … 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).

Gibao Kani-Goba v. Department of Health and Human Services

Merit Systems Protection Board · Apr 15, 2026

v. … See Vaughn v. Department of the Treasury, 119 M.S.P.R. 605, ¶ 18 (2013) (stating that the Board will not infer bias based on an administrative judge’s case-related rulings); King v.

Melbert Perez v. Department of Homeland Security

Merit Systems Protection Board · Apr 15, 2024

ANALYSIS The agency argues that, under Lincoln v. U.S. Postal Service, 113 M.S.P.R. 486 (2010), the Board should treat the appellant’s petition for review as a request to reopen. PFR File, Tab 8 at 5. … Small v. Department of Homeland Security, 112 M.S.P.R. 191, ¶ 4 (2009); Rose v. U.S. Postal Service, 106 M.S.P.R. 611, ¶ 7 (2007).

Crystal Coggins v. Office of Personnel Management

Merit Systems Protection Board · Dec 19, 2023

Accordingly, we affirm the administrative judge’s finding that the Board lacks jurisdiction over this appeal, and thus, the appeal must be dismissed. See Smith v. … Lincoln v. U.S. Postal Service, 113 M.S.P.R. 486, ¶ 7 (2010).

Michael McCord v. Federal Mine Safety and Health Review Commisson

Merit Systems Protection Board · Sep 28, 2022

Special Counsel v. Department of Transportation, 74 M.S.P.R. 155, 157 (1997). … The Board may grant the extension for any period that it considers appropriate. 5 U.S.C. § 1214(b)(1)(B); Special Counsel ex rel. Waddell v.