Burke v. United States

This civilian pay case is before the court on defendant’s motion for summary judgment and plaintiffs cross-motion for summary judgment. The Merit Systems Protection Board (mspb) upheld the agency decision to remove plaintiff from his position as a GS-12 criminal investigator with the Bureau of Alcohol, Tobacco and Firearms (batf) in the Department of the Treasury. Plaintiff seeks back pay from the date of his removal to the date of this order. He claims that the mspb’s decision was arbitrary, capricious, and unsupported by substantial evidence, that the mspb erred by admitting unsworn…