Legal Opinion

Charles E. Allen v. Merit Systems Protection Board

Court of Appeals for the Federal Circuit

Decided October 14, 1997No. 97-3163PublishedCited by 7 opinions

1Opinion of the Court

LOURIE, Circuit Judge.

Charles E. Allen appeals from the decision of the Merit Systems Protection Board dismissing his appeal for lack of jurisdiction. Docket No. CH-00752970026-I-1. Because, under the applicable statute gov erning Federal Aviation Administration (FAA) personnel, an FAA employee cannot appeal his removal to the board, we affirm.

BACKGROUND

Allen, a veteran, was employed by the FAA as an air traffic control specialist. The FAA removed Allen on September 11, 1996 after he tested positive for drug use. He appealed his removal to the board.

In an initial decision, the administrative…

2Cases cited4 opinions

  1. In Re Donaldson Company, IncCourt of Appeals for the Federal Circuit · 1994
  2. Margaret A. Cheeseman v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1986
  3. Warren S. Forest v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1995
  4. James B. King, Director, Office of Personnel Management v. Ethel D. Briggs, and Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1996

3Cited by7 opinions

  1. Mary Rose Diefenderfer v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1999
  2. Coradeschi v. Department of Homeland SecurityCourt of Appeals for the Federal Circuit · 2006
  3. Black v. United StatesUnited States Court of Federal Claims · 2003
  4. Roche v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2010
  5. Woodruff v. United StatesUnited States Court of Federal Claims · 2008

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