United States Federal Circuit

An order of the Merit Systems Protection Board, dismissing petitioner's Individual Right of Action appeal under the Whistleblower Protection Act is reversed and remanded where petitioner's evidence regarding his nonselection for the position of electrical engineer was sufficient to satisfy a requirement that he make a nonfrivolous allegation that an agency failed to take a personnel action, even though the agency cancelled the vacancy announcement and hired no one for the position at that time.

Appellate Information

• Decided 07/11/2006
• Published 07/11/2006

Judges

• BRYSON, Circuit Judge., Before MICHEL, Chief Judge, PLAGER, Senior Circuit Judge, and BRYSON, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John J. Rigby, McInory & Rigby, L.L.P. of Arlington, Virginia, argued for petitioner.


• For Appellees:
  
• Sara B. Rearden, Attorney, Office of the General Counsel, United States Merit Systems Protection Board, of Washington, DC, argued for respondent.   With her on the brief were Martha B. Schneider, General Counsel and Rosa M. Koppel, Deputy General Counsel.