United States Federal Circuit

Where the agreement to waive the right to appeal to the Merit Systems Protection Board specifies only one incident and effect, the employee has not waived his right to appeal removal based on a separate and unrelated incident.

Appellate Information

• Decided 08/29/2001
• Published 08/29/2001

Judges

• FRIEDMAN, Senior Circuit Judge., Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jose Luis Ongay, of Philadelphia, PA, argued for petitioner.


• For Appellees:
  
• Hillary A. Stern, Attorney, Civil Division, Commercial Litigation Branch, Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Todd Hughes, Assistant Director.   Of counsel on the brief were Eric J. Scharf, Managing Counsel for Civil Practice;  and Brian M. Riemer, Attorney, United States Postal Service, of Washington, DC.