Dade v. Department of Commerce

Theodore R. Dade, Jr., seeks review of the final order of the Merit Systems Protection Board dismissing his appeal for lack of jurisdiction. See Dade v. Dep’t of Commerce, No. DC-0752-08-0605-1-1, 111 M.S.P.R. 107 (M.S.P.B. Mar.24, 2009). We affirm.

Dade worked as a legal instruments examiner for the U.S. Patent and Trademark Office (the “agency”). In August 2007, he received notice of his proposed removal due to improper conduct. He responded by admitting that he had committed acts of misconduct and agreeing to enter into a last chance agreement (“LCA”). According to the LCA, the agency would…