F. Prescott Ward v. Merit Systems Protection Board

FRIEDMAN, Senior Circuit Judge.

The petitioner, Dr. F. Prescott Ward, filed an individual right of action appeal to the Merit Systems Protection Board (Board) pursuant to the Whistleblower Protection Act of 1989, Pub.L. No. 101-12, 103 Stat. 16 (1989), alleging that his agency’s failure to appoint him to a higher grade position constituted a reprisal against him for his whistleblowing activities. On the government’s motion, the Board dismissed the appeal for lack of jurisdiction, ruling that Dr. Ward’s activities upon which he based his complaint did not constitute whistleblowing under the…