Legal Opinion
Edward E. Hogan v. Department of the Navy
Court of Appeals for the Federal Circuit
Decided July 11, 2000No. 99-3225PublishedCited by 17 opinions
1Opinion of the Court
RADER, Circuit Judge.
The United States Department of the Navy abolished Edward E. Hogan’s position as a Maintenance Worker (MW), WG-8, and reassigned him to the position of Electrical Worker (EW), WG-8. When Mr. Hogan contended on appeal that the Navy had constructively demoted him, the Merit Systems Protection Board (Board) dismissed for lack of jurisdiction. See Hogan v. Department of the Navy, 81 M.S.P.R. 252, (1999). Because constructive demotion cannot occur unless a position is reclassified to correct an error in the original classification, or a new classification standard has been…
2Cases cited6 opinions
- Brewer v. United States Postal ServiceUnited States Court of Claims · 1981
- Van Wersch v. Department of Health & Human ServicesCourt of Appeals for the Federal Circuit · 1999
- James B. King, Director, Office of Personnel Management v. Ethel D. Briggs, and Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1996
- Donald H. Saunders v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1985
- Joseph W. Artmann v. Department of the InteriorCourt of Appeals for the Federal Circuit · 1991
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3Cited by17 opinions
- McMillan v. Department of JusticeCourt of Appeals for the Federal Circuit · 2016
- Robert Zachariasiewicz, Jr. v. DOJCourt of Appeals for the Fourth Circuit · 2022
- Elmore v. Department of TransportationCourt of Appeals for the Federal Circuit · 2005
- Hawkins v. HolderDistrict Court, District of Columbia · 2009
- Rosario-Fabregas v. Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 2016
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