United States Federal Circuit

Even if plaintiff could prevail on his claim that he was not promoted in reprisal for making a protected disclosure, he lacks an effective remedy because an order of the Merit Systems Protection Board is not enforceable against plaintiff's employer, a state national guard.

Appellate Information

• Decided 03/29/2001
• Published 03/29/2001

Judges

• CLEVENGER, Circuit Judge, Before MICHEL, LOURIE and CLEVENGER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard B. Reiling, Walsh, Harrison & Reiling, of Dayton, OH, argued for petitioner.


• For Appellees:
  
• Sara B. Rearden, Attorney, Office of General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent.   With her on the brief was Martha B. Schneider, Assistant General Counsel.