De Maio v. Merit Systems Protection Board

Louis J. De Maio (“petitioner”) seeks review of the final decision of the Merit Systems Protection Board (“Board”) dismissing his appeal for lack of jurisdiction. Because the Board did not commit legal error, we affirm.

*970BACKGROUND

Petitioner is employed by the Department of the Treasury, Internal Revenue Service (“agency”) as an attorney. In 1998, petitioner was directed by his group manager to settle certain tax cases but refused to do so. Petitioner alleged that he was not authorized to settle cases because such an action would involve a significant change in his duties and responsibilities…