United States Federal Circuit

Because the Merit Systems Protection Board's power to make an aggrieved employee whole under the Back Pay Act extends back only to the effective date of the adverse action, the Board lacked jurisdiction to hear an enforcement petition challenging the Treasury Department's denial of back pay for the time period pre-dating an adverse action.

Appellate Information

• Decided 05/30/2002
• Published 05/30/2002

Judges

• MICHEL, Circuit Judge., Before MICHEL, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Aaron M. Nisenson,Henrichsen Siegel, P.L.L.C., of Washington, DC, argued for petitioner.   With him on the brief was Colleen M. Leyrer.


• For Appellees:
  
• Bryant S. Banes, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Todd M. Hughes, Assistant Director.   Of counsel was Kenneth S. Kessler, Attorney.