Legal Opinion

Smith v. Department of the Air Force

Court of Appeals for the Federal Circuit

Decided January 13, 2016No. 2015-3206Unpublished

1Per curiam

Jason Smith appeals the Merit Systems Protection Board’s (“Board”) decision that affirmed the decision by the Department of the Air Force (“Air Force”) to furlough him for six days in July and August 2013 as a result of the sequestration legislation. Because we find no reversible error in the Board’s decision, we affirm.

Background

This case is one of many that arise from the sequestration legislation {ie., the Budget Control Aet of 2011 and the American Taxpayer -Relief Act of 2012) adopted by Congress. See, e.g., Nat’l Fed’n Fed. Emps., Local 1442 v. Dep’t of the Army, 810 F.3d 1272, 1273-75…

2Cases cited3 opinions

  1. William F. Curtin v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1988
  2. Einboden v. Department of the NavyCourt of Appeals for the Federal Circuit · 2015
  3. National Federation of Federal Employees, Local 1442 v. Department of the ArmyCourt of Appeals for the Federal Circuit · 2015

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