United States Federal Circuit
Rainey v. Merit Sys. Prot. Bd., 2015-3234
In an appeal brought by a government employee who was relieved of his duties as contracting officer representative after he refused his supervisor's order to tell a contractor to rehire a terminated subcontractor, the Board's denial of review of an administrative law judge's conclusion that the Board lacked jurisdiction over the appeal is affirmed where the right-to-disobey provision of the Whistleblower Protection Act, 5 U.S.C. section 2302(b)(9)(D), is limited to orders that are contrary to a statute, and does not encompass orders that are contrary to a regulation.
Appellate Information
- Published 2016/06/07
Judges
- BRYSON
Court
- United States Federal Circuit