United States Federal Circuit

Dismissal of petitioner's appeal from a decision of the Office of Naval Intelligence to remove her from the position of Information Technology Specialist is affirmed where: 1) the Merit Systems Protection Board properly ruled that petitioner's position fell within 5 U.S.C. section 7511(b)(8) and that she was not an employee who would be entitled under 5 U.S.C. section 7513(d) to appeal an adverse action to the Board; and 2) the Board lacks jurisdiction over petitioner's appeal regardless of any failure to alert her to the loss of Board appeal rights when she first joined the excepted service.

Appellate Information

• Decided 04/11/2008
• Published 04/11/2008

Judges

• BRYSON, Circuit Judge., Before BRYSON, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Omar Vincent Melehy, Melehy & Associates, LLC, of Silver Spring, Maryland, argued for petitioner.   With him on the brief was Andrew J. Perlmutter., Joan M. Stentiford, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for intervenor.   With her on the brief were Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.


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