Berney T. Wilburn v. Department of Transportation
Court of Appeals for the Federal Circuit
1Opinion of the Court
BENNETT, Circuit Judge.
Berney T. Wilburn appeals the decision of the Merit Systems Protection Board, 19 M.S.P.R. 483 (1984), affirming the Department of Transportation’s release of Wilburn from his competitive level by a demotion. We reverse and remand.
BACKGROUND
In 1970 Wilburn began working as a transportation specialist, GS-2101-15, in the Office of Facilitation, Department of Transportation (DOT). Originally, this office was under one of the assistant secretaries of DOT. Subsequently, DOT shifted the Office of Facilitation to its newly created Research and Special Programs Administration…
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