United States Federal Circuit

Dismissal of former TSA employee's claim alleging that his resignation was involuntary, and therefore constituted a constructive removal, is affirmed where the Merit Systems Protection Board properly found that it lacked jurisdiction over petitioner's appeal.

Appellate Information

• Decided 03/12/2008
• Published 03/12/2008

Judges

• SCHALL, Circuit Judge., Before SCHALL, BRYSON, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David G. Schiller, Schiller & Schiller, PLLC, of Raleigh, NC, argued for petitioner., Harold D. Lester, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for intervenor.   On the brief were Jeanne E. Davidson, Director, Todd M. Hughes, Deputy Director, and Claudia Burke, Attorney.


• For Appellees:
  
• Jeffrey A. Gauger, Acting Associate General Counsel, 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. Of counsel was Sara B. Rearden, Attorney.