Freiheit v. Department of Transportation

SCHALL, Circuit Judge.

ORDER

The Department of Transportation moves without opposition to lift the stay of proceedings and remand Larry E. Freiheit’s petition for review of a decision of the Merit Systems Protection Board.

Freiheit filed an appeal alleging that the Department had improperly charged him leave for the performance of military reserve duty on non-workdays in violation of the Uniform Sendees Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 (2000). The Board determined that, based on an agreement by the Department, Freiheit would receive maximum restoration of annual…