Ollie M. Darby and William Gonzales v. Internal Revenue Service and Merit Systems Protection Board

Opinion Per Curiam.

Raising issues similar to those decided today by Drew v. Department of the Navy, 672 F.2d 197 (D.C.Cir.1982), petitioners Darby and Gonzales appeal from Merit Systems Protection Board (“MSPB” or “Board") orders approving their dismissal from the Internal Revenue Service (“IRS”) for deficient performance of their duties. Petitioners argue that because the reason stated initially for their removal was “unacceptable performance,” a statutorily defined term of art the MSPB later determined to be inapplicable to them, their removal was “based on” a prohibited personnel practice1…