United States Federal Circuit

In proceedings involving claims that petitioner's employer, agency in charge of safely transporting nuclear weapons and other nuclear materials, retaliated against her for engaging in protected whistle-blowing activity, a Merit Systems Protection Board's decision dismissing petitioner's appeal for lack of jurisdiction is reversed and remanded where her allegations of reprisal for disclosures protected under the Whistleblower Protection Act (WPA) were sufficient to establish board jurisdiction.

Appellate Information

• Decided 03/03/2008
• Published 03/03/2008

Judges

• MAYER, Circuit Judge., Before NEWMAN, MAYER and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jacob A. Kramer, Bryan Cave LLP, of Washington, DC, argued for petitioner.   With him on the brief was Daniel C. Schwartz.


• For Appellees:
  
• Michael A. Carney, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent.   With him on the brief were B. Chad Bungard, General Counsel, and Rosa M. Koppel, Deputy General Counsel.