United States Federal Circuit

Denial of a request for relief under the Uniformed Services Employment and Reemployment Rights Act (USERRA) alleging that the Federal Bureau of Prisons failed to reemploy him following his military service and improperly removed him from his position is affirmed in part and vacated in part where: 1) an AJ did not err in finding that the agency reemployed petitioner following the completion of his military service, for purposes of the "failure to reemploy" claim; and 2) the Merit Systems Protection Board under 5 U.S.C. section 7121(e) lacked jurisdiction over the improper removal claims.

Appellate Information

• Decided 05/15/2007
• Published 05/15/2007

Judges

• Before MAYER, Circuit Judge, CLEVENGER, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John O. Fronce, Abrams, Gorelick, Friedman & Jacobson, P.C., of New York, NY, argued for petitioner.


• For Appellees:
  
• Phyllis Jo Baunach, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were Peter D. Keisler, Assistant Attorney General, and Kathryn A. Bleecker, Assistant Director.   Of counsel on the brief was R. Suzanne Courtney, Attorney, Labor Management Relations, Federal Bureau of Prisons, United States Department of Justice, of Washington, DC.