(DOWNLOAD) "Mendoza v. Merit Systems Protection Board" by United States Court of Appeals for the Federal Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Mendoza v. Merit Systems Protection Board
- Author : United States Court of Appeals for the Federal Circuit
- Release Date : January 10, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Juanita C. Mendoza appeals from the October 9, 1990, decision of the Merit Systems Protection Board (MSPB or Board), No. SE08319010505, dismissing for untimeliness her appeal of an Office of Personnel Management (OPM) reconsideration decision. A panel of the court reversed the Boards decision and remanded for consideration of the merits. Mendoza v. Merit Systems Protection Bd., 949 F.2d 391 (Fed. Cir. 1991). The government petitioned for rehearing and suggested rehearing in banc (1) disputing the factual basis for the panel decision and (2) questioning the propriety of the remand order which directed that the Board address the merits, rather than merely reconsider the timeliness issue. A divided panel denied the petition for rehearing and the court voted to rehear the case in banc. By order dated February 21, 1992, the court vacated the earlier judgment and withdrew its accompanying opinion. While the governments challenge to the proper scope of the remand order raises a significant legal issue, the in banc court concludes, upon consideration of the entirety of the record which has now been obtained by the court, that the Boards decision must be affirmed.
 "Mendoza v. Merit Systems Protection Board" by United States Court of Appeals for the Federal Circuit " eBook PDF Kindle ePub Free){kind=link}