United States Federal Circuit
Carrow v. Merit Sys. Prot. Bd., 08-3267
In an employment termination action, Merit Systems Protection Board's dismissal of plaintiff's appeal for lack of jurisdiction is vacated and remanded where: 1) the court erred in holding that plaintiff's temporary appointment under 38 U.S.C. sec. 7405(a)(1) automatically excluded him from coverage under the laws governing appeals from adverse employment actions as his temporary appointment was to an excepted service position under Title 5; and 2) plaintiff qualified as a Title 5 employee under 38 U.S.C. section 7511(a)(1)(C)(ii) as he was entitled to compute his two-year service period by adding periods of service in different Executive Branch agencies.
Appellate Information
- Decided 05/01/2009
- Published 05/01/2009
Judges
Court
- United States Federal Circuit