Legal Opinion

George Perez v. Merit Systems Protection Board

Court of Appeals for the Federal Circuit

Decided April 17, 1991No. 91-3108PublishedCited by 20 opinions

1Opinion of the Court

MICHEL, Circuit Judge.

George Perez appeals the decision of the Merit Systems Protection Board (MSPB or Board), dismissing his appeal for lack of subject matter jurisdiction. Perez v. Department of the Army, 46 M.S.P.R. 284 (1990). The Administrative Judge’s (AJ) initial decision became final October 24, 1990, upon denial of review by the full Board. Because the personnel action Perez contests — denial of further sick leave and placement in a non-pay AWOL status until he returned to work — is not an action within the jurisdiction of the MSPB, we affirm.

BACKGROUND

George Perez was employed as a…

2Cases cited4 opinions

  1. Theodore Mercer v. Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1985
  2. Charles A. Thomas v. General Services AdministrationCourt of Appeals for the Federal Circuit · 1985
  3. Sheila T. Rose v. Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1983
  4. Homer L. Pittman, Jr. v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1987

3Cited by20 opinions

  1. Elgin v. Department of the TreasurySupreme Court of the United States · 2012
  2. Martone v. Johnston School CommitteeSupreme Court of Rhode Island · 2003
  3. Hall v. United StatesCourt of Appeals for the Federal Circuit · 2010
  4. Randy Holloway v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 1993
  5. Peter W. Russo v. State of Rhode Island, Department of Mental Health, Retardation and HospitalsSupreme Court of Rhode Island · 2014

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