Phoebe Pfaehler v. Merit Systems Protection Board

PAULINE NEWMAN, Circuit Judge.

Petitioner Phoebe Pfaehler appeals from the final decision of the Merit Systems Protection Board (Board) dismissing her motion for attorney fees as untimely. We reverse the decision of the Board and remand for action on the merits of the request for attorney fees.

Background

Mrs. Pfaehler, a clerk-typist with the Department of Health and Human Services, National Institutes of Health (agency) was removed from her position on September 4, 1981, based on her unauthorized disclosure of materials relating to preventive health. On appeal to the Board, Mrs. Pfaehler…