Elmore v. Department of Transportation

FRIEDMAN, Senior Circuit Judge.

The petitioner, Michael Elmore, contends that he was twice “constructively demoted” in connection with his two transfers between two locations where he worked. We reject on the merits Elmore’s contention that his first transfer constituted a “constructive demotion,” and conclude that his claim regarding the second transfer is not properly before us because he failed to raise it before the Merit Systems Protection Board’s administrative judge who heard his case. See Elmore v. Dep’t of Transp., No. AT-0752-02-0376-I-1 (M.S.P.B. July 5, 2002) (“Initial Decision”).…