Bruce M. Risner v. United States Department of Transportation, Federal Aviation Administration

Bruce Risner appeals a Merit Systems Protection Board (MSPB) decision that held that the Federal Aviation Administration (FAA) properly dismissed him from his position at its National Communications Center (NATCOM). He raises the following issues: (1) the FAA improperly dismissed him in retaliation for his complaint of managerial harassment; (2) his removal did not promote the efficiency of the agency as required by 5 U.S.C. § 7513(a); and (3) his dismissal was improperly based on his refusal to take an unconstitutional fitness-for-duty examination. For the reasons stated below we affirm.

Subst…