Justia U.S. Federal Circuit Court of Appeals Opinion Summaries

Hopper was hired by the Social Security Administration, which requested that the Office of Personnel Management (OPM) conduct a background investigation. Fifteen months later, OPM challenged his application. Asked whether, during the past five years, he had been fired from any job, Hopper responded “no.” OPM alleged that Hopper had been fired from two positions with different companies and that, in response to a question requesting a list of all employment for the past five years, Hopper failed to report one of those positions. Hopper responded with supporting documents, claiming that he was not fired from either position and, if he failed to report a position, “it was an honest mistake.” OPM rejected Hopper’s assertions. SSA removed Hopper. While appeal was pending, the Merit System Protection Board issued decisions that questioned whether an individual who meets the definition of “employee” and is separated under an OPM suitability action retains a right to appeal as an “adverse action.” At a hearing, OPM refused to participate. The ALJ mitigated OPM’s action to a reprimand. The Board upheld the decision. The Federal Circuit affirmed, rejecting an argument that the Board erred in approaching the case as an adverse action appeal, rather than as a suitability action under OPM’s regulations. The Civil Service Reform Act does not exempt suitability removals from Board jurisdiction. View "Archuleta v. Hopper" on Justia Law

Wrocklage was a Customs and Border Patrol Officer for 12 years. While screening travelers at Sault Sainte Marie, Wrocklage was the first to screen the Millers, who declared that they were carrying “fruits and vegetables.” At a secondary inspection point, Officer Hendricks issued a $300 fine to the Millers for failing to declare lemons and seeds. Wrocklage and LaLonde, contacted their supervisor, Price, challenging the propriety of the fine. Wrocklage took home a copy of the Treasury Enforcement Communication System (TECS) report, which included Miller’s social security number, birth date, address, and license plate number. In an email to the Joint Intake Center, Wrocklage reported that he believed the Millers had been wrongly charged. Wrocklage attached the TECS report and copied Berglund, an employee in Senator Levin’s office. Within hours, Wrocklage realized that the TECS report had been attached, contacted Berglund, and, in response to his request, Berglund deleted the emails before opening the report. Wrocklage immediately self-reported to DHS, which determined that the report had been printed by LaLonde. Wrocklage stated that he “d[id] not recall” where he obtained the report. Wrocklage and LaLonde explained that they both printed copies and jointly presented copies to Price, so it was possible that the copies were switched. DHS removed Wrocklage from his position for improper possession of TECS information, unauthorized disclosures of TECS information, and lack of candor during the investigation. The Merit Systems Protection Board affirmed. The Federal Circuit vacated, finding the charges of unauthorized disclosure and lack of candor not supported by substantial evidence. View "Wrocklage v. Dep't of Homeland Sec." on Justia Law

In a 2011 memorandum, the Secretary of the Navy explained that the Navy would be “challenged to reduce enlisted manning to meet future planned end strength controls due to record high retention in the current economic environment.” To address these concerns and to “optimize the quality” of the Navy, the Secretary initiated an Enlisted Retention Board (ERB) to identify 3,000 sailors for separation. The Navy notified all personnel, outlined a timeline, and identified particular pay grades and occupational classifications or specialties that would be subject to review. Sailors were informed that if their job rating was over-manned and slated for review, they could apply for conversion to an undermanned rating that would not be subject to review. The Navy also published the quotas for each overmanned rating that would be subject to the ERB to give the sailors information about competition among the different ratings and to enable them to make informed decisions about their careers. The ERB selected 2,946 sailors for honorable discharge. A putative class of about 300 of those discharged challenged their dismissal and sought back pay. The Court of Federal Claims dismissed the merit-based claims as nonjusticiable and denied remaining claims on the administrative record. The Federal Circuit affirmed. View "Anderson v. United States" on Justia Law

Darlene Devlin had been married for more than 40 years when her husband died, then a civilian federal employee for nearly six years, entitling Darlene to Basic Employee Death Benefits (BEDB), 5 U.S.C. 8442(b)(1)(A), 8466(b). However, Darlene died before she could sign or file an application for BEDB. Her son, Devlin, completed, signed, and filed an application for BEDB on her behalf. The Office of Personnel Management (OPM) denied the application, concluding that Darlene was not entitled to BEDB because she failed to submit an application for those benefits before her death. Devlin argued that his appointment as a co-administrator of his mother’s estate permitted him to sign and file the application for BEDB on her behalf. The e Merit Systems Protection Board and Federal Circuit affirmed the denial. View "Devlin v. Office of Pers. Mgmt." on Justia Law

The survivors of eight firefighters who died in 2003 sought survivors’ benefits under the Public Safety Officers’ Benefits Act, 42 U.S.C. 3796. The eight were employed by First Strike, a private company that works with governmental and private entities to help suppress wildfires, under agreements that characterized them as independent contractors. The Public Safety Officers’ Benefits Office denied the claims, and they requested redetermination by the Director of the Bureau of Justice Assistance (BJA), which also denied the claims. The Federal Circuit affirmed, finding that the BJA did not err in concluding that the firefighters were not public safety officers within the meaning of the Benefits Act. View "Moore v. Dep't of Justice" on Justia Law

Erickson was a U.S. Postal Service employee from 1988 to 2000, and also a member of the Army National Guard Reserve. He was absent from the Postal Service for lengthy periods while on active duty with the National Guard. Between 1991 and 1995 he was absent for more than 22 months, and between 1996 and 2000, he worked at the Postal Service for only four days. The Postal Service inquired whether he intended to return. Erickson replied that he would not return until he completed his tour of duty in September 2001. The Postal Service removed him for excessive use of military leave. Erickson re-enlisted with the Guard and remained on active duty through 2005. In 2006, he appealed to the Merit Systems Protection Board alleging violation of his rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The Board rejected his claim under 38 U.S.C. 4312, holding that he had not made a timely request for reemployment and that military service was not a motivating factor in the termination. The Federal Circuit affirmed with respect to his reemployment claim, but reversed with respect to his discrimination claim. On remand, the Board found that Erickson had waived his USERRA rights by abandoning his civilian career, but on a second remand, ruled in favor of Erickson and granted him reinstatement with back wages and benefits. The Federal Circuit denied his application for recovery of attorney fees and expenses for the two appeals.View "Erickson v. U.S. Postal Serv." on Justia Law

Cunningham worked for the U.S. Office of Personnel Management in 2004-2005. He appealed his termination to the Merit Systems Protection Board, alleging discrimination based on marital status. Cunningham agreed to withdraw his appeal; OPM agreed to pay him $50,000. The agreement designated the OPM’s director of human resources as the contact for reference inquiries and permitted disclosure of dates of service only. The termination letter was to be removed from the personnel file and both parties were prohibited from disclosing the agreement or the grievance. In 2006, Cunningham accepted a position with USIS, a private company that contracts with federal agencies to perform background investigations. A week after Cunningham began training USIS suspended him without pay at the direction of OPM's security office. OPM employees (not the Director of Human Resources) had discussed Cunningham’s termination. An administrative judge found that OPM had breached the agreement, but that MSPB could not award damages. Cunningham was only entitled to rescind the agreement, reinstate his appeal, and return the $50,000 payment. MSPB adopted the findings. Cunningham did not want his appeal reinstated and sought breach-of-contract damages. The Claims Court found that it had subject matter jurisdiction under the Tucker Act, but dismissed based on res judicata. The Federal Circuit vacated, agreeing that the court had jurisdiction, but holding that res judicata did not apply because jurisdictional limits on the MSPB did not permit him to seek damages in the prior matter.View "Cunningham v. United States" on Justia Law

Biggers had been employed by the Navy for 29 years and in 2007 was Security Manager for the Naval Facilities Engineering Service Center. The position required him to maintain a top secret security clearance. In 2008, a duty officer found that an outer vault door of the Secret Internet Protocol Router Network room was left open. Biggers notified the Commanding Officer of the potential violation. After an investigation, the Command Evaluator recommended that all security personnel (including Biggers) have their access to classified material suspended because “the investigation revealed numerous systemic problems, violations and deficiencies.” Biggers’ security clearance was suspended pending a final determination by the Department of Navy Central Adjudication Facility (DONCAF) pursuant to 5 U.S.C. 7513. Ultimately, DONCAF concluded that the information provided by Biggers and the Center “sufficiently explained, mitigated, or provided extenuating circumstances,” and Biggers was found eligible for a Top Secret clearance and assignment to a sensitive position and returned to duty status.. His suspension had lasted nine months. The Navy did not provide back pay or treat him as employed for calculation of retirement benefits. Biggers alleged that the suspension was motivated by retaliatory animus arising from his participation in an EEOC proceeding. An AJ determined that the Merit Systems Protection Board may not review the merits of a security clearance revocation or suspension. The Federal Circuit affirmed, holding that Biggers was not entitled to back pay. View "Biggers v. Dep't of the Navy" on Justia Law

Plaintiffs are or were air-traffic-control specialists or traffic-management coordinators with the Federal Aviation Administration and alleged that the FAA’s policies governing how to compensate them when they worked overtime did not comply with the time-and-a-half- payment requirement of the Fair Labor Standards Act 29 U.S.C. 207. They sought damages under 29 U.S.C. 216(b) and invoked jurisdiction under the Tucker Act, 28 U.S.C.1491. The Claims Court ruled in their favor, holding that the agency’s personnel policies are contrary to the FLSA and are not authorized by any other provision of law. The Federal Circuit vacated, holding that the FAA has such authority under the federal personnel laws, 5 U.S.C. 5543 and 6120-6133. The court remanded for determination of whether the challenged FAA policies are fully, or only partly, within the authority of those title 5 exemptions from the FLSA. View "Abbey v. United States" on Justia Law

DeLeon and Williams were separated from their jobs as cooks at a facility at Fort Riley installation, for allegedly removing government-owned food from the facility without authorization. The facility was a non-appropriated fund instrumentality (NAFI), and DeLeon and Williams were paid with non-appropriated funds. After denial grievances, filed under the collective bargaining agreement with their union, an arbitrator upheld the charges and removal penalties. The Federal Circuit dismissed for lack of jurisdiction, citing 5 U.S.C. 2105(c), which excludes NAFI employees from appealing adverse actions to the Merit Systems Protection Board As NAFI employees, DeLeon and Williams had no route available other than the grievance process; 5 U.S.C. 7121 (f) does not establish jurisdiction. View "Deleon v. Dep't of the Army" on Justia Law