Sherman L. Smith v. Merit Systems Protection Board

PAULINE NEWMAN, Circuit Judge.

Sherman L. Smith seeks review of the decision of the Merit Systems Protection Board, Docket No. SL831E930401-I-1, dismissing his petition for review in his retirement appeal as untimely filed. Because Mr. Smith did not receive notice and opportunity to make a showing of good cause as required by the Board’s precedent, we vacate and remand.

The issue is whether a decision of the Merit Systems Protection Board, captioned Lacy v. Department of Navy, 78 M.S.P.R. 434 (1998), was required to be applied to Mr. Smith’s petition pending at the time of the decision in Lacy.…