United States Federal Circuit
Banks v. MSPB, 2017-1242
In a case in which petitioner asserted that her resignation was involuntary and therefore constituted a constructive removal, her petition for review of the Merit Systems Protection Board's final decision affirming an AJ's dismissal of petitioner's appeal for lack of jurisdiction is affirmed where: 1) the Postal Service does not fall into any of the categories that define an 'Executive agency' under Title 5, which renders petitioner's service as a Mail Handler not 'service . . . in an Executive agency' under section 7511(a)(1)(C)(ii); and thus 2) petitioner does not qualify as an 'employee' with a right to appeal adverse actions to the Board.
Appellate Information
- Published 2017/04/18
Judges
- DYK
Court
- United States Federal Circuit