Legal Opinion

Campbell v. Merit Systems Protection Board

Court of Appeals for the Federal Circuit

Decided December 16, 2011No. 2011-3096Unpublished

1Per curiam

Elmer Campbell, Jr., (“Campbell”) appeals from the final decision of the Merit Systems Protection Board (“the Board”) dismissing his appeal for lack of jurisdiction. Campbell v. U.S. Postal Serv., SF-0752-10-0331-1-1, 115 M.S.P.R. 531 (M.S.P.B., Jan. 7, 2011). While the Board correctly held that it lacked jurisdiction over Campbell’s constructive suspension claim and properly dismissed his VEOA appeal, the Board failed to consider whether Campbell established jurisdiction based on a furlough of 30 days or less. We affirm in part, vacate in part, and remand for further proceedings to consider…

2Cases cited4 opinions

  1. 55 Fair empl.prac.cas. 1675, 57 Empl. Prac. Dec. P 40,952 Julio M. Cruz v. Department of the NavyCourt of Appeals for the Federal Circuit · 1991
  2. Celia A. Wren v. Merit Systems Protection BoardCourt of Appeals for the D.C. Circuit · 1982
  3. Tom Briggs v. Merit Systems Protection Board, and United States, IntervenorCourt of Appeals for the Federal Circuit · 2003
  4. Elmore v. Department of TransportationCourt of Appeals for the Federal Circuit · 2005

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