United States Federal Circuit

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Banks v. MSPB, 2017-1242

In a case in which petitioner asserted that her resignation was involuntary and therefore constituted a constructive removal, her petition for review of the Merit Systems Protection Board's final decision affirming an AJ's dismissal of petitioner's appeal for lack of jurisdiction is affirmed where: 1) the Postal Service does not fall into any of the categories that define an 'Executive agency' under Title 5, which renders petitioner's service as a Mail Handler not 'service . . . in an Executive agency' under section 7511(a)(1)(C)(ii); and thus 2) petitioner does not qualify as an 'employee' with a right to appeal adverse actions to the Board.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/18

Judges

  • DYK

Court

  • United States Federal Circuit

Counsel


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