Hearne v. United States

OPINION

TIDWELL, Judge:

At issue in this appeal is a decision by the Merit Systems Protection Board (MSPB or the Board) which denied plaintiff’s claims for reinstatement and back pay. The Board found that plaintiff voluntarily resigned from his employment and was not subjected to an adverse removal action under law or regulation. Since no adverse action was found to have occurred, the Board dismissed plaintiff’s appeal as being foreclosed by virtue of his resignation. The appeal to this court challenges the correctness of the Board’s dismissal. The case is before this court on cross-motions for…