Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

MacIntyre v. Merit Systems Protection Board

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Lawrence F. MacIntyre seeks review of the final decision of the Merit Systems Protection Board (“Board”) dismissing his appeal because he did not present any question over which the Board has jurisdiction to act. See MacIntyre v. Merit Sys. Prot. Bd., No. BN0752990181-I-1 (June 20, 2000). We affirm.

I.

On July 19, 1999, Mr. MacIntyre appealed to the Board challenging the termination of his temporary appointment in the United States Postal Service, effective July 4, 1999, which was the termination date of his appointment specified at the time he received his appointment. When the expiration date of an appointment is specified as a basic condition of employment, the employee’s separation on the expiration date is not an adverse action appealable to the Board. See Davis v. Small Business Admin., 74 M.S.P.R. 281, 287 (1997). Accordingly, the administrative judge to whom Mr. MacIntyre’s appeal was assigned notified him of his obligation to identify an adverse personnel action over which the Board has jurisdiction. In response, Mr. MacIntyre identified two actions that he considered to be adverse personnel actions subject to Board jurisdiction: his alleged removal on May 14, 1999, and the failure of the agency to rehire him thereafter. In connection with the alleged removal on May 14, Mr. MacIntyre also alleged that the revocation of his driving privileges constituted an adverse personnel action. Mr. MacIntyre also alleged discrimination in violation of the Civil Rights Act of 1964 and prohibited personnel actions under the Whistleblower Protection Act, 5 U.S.C. � 2302, et seq.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ASSOCIATE -- BOSTON, MA

The Business Litigation Group of the Boston office of McCarter & English seeks a litigation associate with 3-5 years of business litigat...


Apply Now ›
TRUSTS & ESTATES ATTORNEY

McCarter and English is actively seeking a trusts and estates associate for our Newark, NJ office with 3-5 years of experience in estate pla...


Apply Now ›
ENVIRONMENT & ENERGY ATTORNEY

McCarter & English, LLP is actively seeking an associate the to join its Environment & Energy Practice Group in Philadelphia, PA. Ca...


Apply Now ›
Go to Lawjobs