Legal Opinion · Dissent
Dr. R. Michael Harding v. Department of Veterans Affairs
Court of Appeals for the Federal Circuit
Decided May 30, 2006No. 05-3182Published
1DissentSchall, Circuit Judge
The majority concludes that 5 U.S.C. § 2105(f) allows Department of Veterans Affairs (‘VA”) medical personnel to avail themselves of the jurisdiction of the Merit Systems Protection Board (“Board”) in cases arising out of a “question of professional conduct or competence” and resulting in “a major adverse action,” despite the fact that 38 U.S.C. § 7462(a)(1) gives VA Disciplinary Appeals Boards “exclusive jurisdiction” over such cases. Majority op. at 1376.1 am unable to agree. In my view section 2105(f) does not create an exception to the exclusive jurisdiction of the Disciplinary Appeals…
2Cases cited6 opinions
- Mohammed Yunus v. Department of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001
- Kay Coles James Director of the Office of Personnel Management v. Elisabeth Von Zemenszky, and Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2002
- American Federation of Government Employees, Afl-Cio v. Federal Labor Relations Authority, Veterans Administration, IntervenorCourt of Appeals for the D.C. Circuit · 1988
- American Federation of Government Employees, Afl-Cio, Local 3306 v. Federal Labor Relations Authority, and Department of Veterans Affairs, IntervenorCourt of Appeals for the Second Circuit · 1993
- Abaqueta v. United StatesDistrict Court, D. Arizona · 2003
1 more not listed; retrieve them via the Exa API.