United States Federal Circuit

The Merit Systems Protection Board cannot grant back pay to FAA employees. The Back Pay Act does not apply to FAA employees, because no FAA employee can show that the U.S. has expressly waived its sovereign immunity for an award of back pay by the Board, and 5 U.S.C. section 1204 is not a basis for back pay remedies independent of the Back Pay Act.

Appellate Information

• Decided 01/08/2009
• Published 01/08/2009

Judges

• Opinion for the court filed by Circuit Judge, RADER., Before RADER and DYK, Circuit Judges, and WALKER, Chief District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Sean Lafferty, Lafferty & Lafferty, of Burlington, MA, for petitioner.


• For Appellees:
  
• Carrie A. Dunsmore, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent.   With her on the brief were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.   Of counsel was A. Bondurant Eley, Trial Attorney.