Timothy D. Duncan v. Merit Systems Protection Board

DAVIS, Circuit Judge.

This is the somewhat unhappy tale of a federal employee apparently whipsawed between the Merit Systems Protection Board (MSPB or Board) and the arbitrator, both deciding that they would not hear petitioner Duncan’s case on the merits since he had also sought relief from the other tribunal, 29 M.S.P.R. 72. Because the MSPB was not responsible for placing petitioner in this predicament, we affirm its decision with the hope that in the future better steps will be taken by employing agencies and unions to counsel employees against taking the unfortunate course Duncan pursued…