United States Federal Circuit

The Department of Veterans Affairs may not separate a physician from her position in the agency without complying with the reduction-in-force statutes and regulations that apply to civil service employees generally; thus, the Merit Systems Protection Board has jurisdiction over the appeal from such a separation.

Appellate Information

• Decided 04/01/2002
• Published 04/01/2002

Judges

• Before NEWMAN, SCHALL and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Frank A. Rosenfeld, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for petitioner.   With him on the petition were Robert D. McCallum, Jr., Assistant Attorney General;  William Kanter;  and Michael Jay Singer, Attorneys., Mary Dryovage, Law Offices of Mary Dryovage, for amicus curiae National Employment Lawyers Association.   Of counsel on the brief was Paula A. Brantner, Senior Staff Attorney, National Employment Lawyers Association, of San Francisco, CA., Paul F. Sowa, Law Offices of Paul Sowa, of Los Angeles, CA, for amicus curiae Marian V. Sowa, M.D., Bradley B. Falkof, Barnes & Thornburg, of Chicago, IL, for amicus curiae John C. Long.


• For Appellees:
  
• Adam H. Feinstein, of Philadelphia, PA, filed a response to the petition for respondent Elizabeth Von Zemenszky., Calvin M. Morrow, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent Merit Systems Protection Board.   Of counsel was Lynn A. Jennings, Attorney.