Robert v. Serrao v. Merit Systems Protection Board

I respectfully dissent.

I

This appeal is from the MSPB’s dismissal, for lack of jurisdiction, of an Individual Right of Action appeal taken by Robert Serrao from actions of his supervisor, Josephine Moran. Her actions were asserted to be in reprisal for his disclosures of her violations of law, mismanagement, and abuses of authority. These disclosures were made in agency grievances, and also to the Special Counsel, the Inspector General, and management officials.

The only issue is jurisdiction. The Board held that if whistleblowing disclosures were made in a grievance, the Whistleblower…