Martin A. Thomson v. Merit Systems Protection Board, and Department of the Navy, Intervenor

DAVIS, Circuit Judge.

This is another case testing the refusal by the Merit Systems Protection Board (Board or MSPB) to award attorney fees to a federal employee who has prevailed before the Board on the adverse action charge against him. 1 Before us, the Board asks that we remand the fee matter for reconsideration, while the Navy (the employing agency) seeks affirmance of the denial of fees. The employee asks outright reversal and award of fees. We agree with the Board, vacate its fee decision and remand to the Board.

I

Petitioner Thomson, a ship’s tank tester in the Philadelphia Navy Yard, was…