Constance Horner, Director, Office of Personnel Management v. James F. Burns, Keith T. Werts, and John W. Clarke

FRIEDMAN, Circuit Judge.

This petition to review, filed by the Director of the Office of Personnel Management (Director), challenges two orders of the Merit Systems Protection Board (Board) denying the Director’s request that the Board reconsider and reopen its decision in three cases in which it mitigated the penalties imposed upon an employee. We affirm in two of those cases and dismiss the appeal in the third case for lack of jurisdiction.

I

These cases grow out of the August 1981 illegal strike by the air traffic controllers. The Federal Aviation Administration (Administration) removed the…