Legal Opinion
Holder v. Department of the Army
United States Court of Claims
Decided February 10, 1982No. App. Nos. 25-80 and 26-80PublishedCited by 12 opinions
1Opinion of the CourtBennett, Judge
The court is presented here with two appeals by petitioner, under the Civil Service Reform Act of 1978, 5 U.S.C. § 7703 (Supp. IV 1980) (the Act), from decisions of the Merit Systems Protection Board (MSPB). The appeals have been briefed and we have heard oral argument.
Appeal No. 26-80 contests petitioner’s demotion for inefficiency.
Appeal No. 25-80 contests his denial of a within-grade increase.
Respondent, the Department of the Army, supports the MSPB decisions on the grounds, respectively, of finality and lack of jurisdiction under section 7703(c) of the Act. We agree with respondent.
Petitio…
2Cases cited5 opinions
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- United States v. TestanSupreme Court of the United States · 1976
- Brewer v. United States Postal ServiceUnited States Court of Claims · 1981
- Dunn v. United States Department of AgricultureUnited States Court of Claims · 1981
- Garbacz v. United StatesUnited States Court of Claims · 1981
3Cited by12 opinions
- Jacqueline A. Tommas Griffith v. Federal Labor Relations AuthorityCourt of Appeals for the D.C. Circuit · 1988
- Richard E. Collins v. United StatesCourt of Appeals for the Federal Circuit · 1995
- Flowers v. United StatesUnited States Court of Federal Claims · 2007
- Siegal v. United StatesUnited States Court of Federal Claims · 1997
- Reeves v. United StatesUnited States Court of Federal Claims · 2001
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