United States Federal Circuit

Postal service employee's petition for review of a dismissal of a petition for enforcement of a prior Merit Systems Protection Board order is affirmed where an AJ did not err as a matter of law in holding that the prior Board order did not require defendant to assign him to higher-level, non-supervisory positions if such assignment would have put the agency in breach of a collective bargaining agreement.

Appellate Information

• Decided 10/23/2007
• Published 10/23/2007

Judges

• COTE, District Judge., Before DYK and MOORE, Circuit Judges, and COTE, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Peter G. Loftus, The Loftus Law Firm, P.C., of Waverly, Pennsylvania, argued for petitioner.


• For Appellees:
  
• Ray E. Donahue, Attorney, Appellate Division, United States Postal Service, of Washington, DC, argued for respondent.   On the brief was Lori J. Dym, Chief Counsel.   Also on the brief was Peter D. Keisler, Acting Attorney General, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.