Narrative Opinion Summary
The United States Court of Appeals for the Federal Circuit affirmed the Merit Systems Protection Board's (MSPB) dismissal of Mary L. Ralston's appeal for lack of jurisdiction. Ralston, a Clinical Nurse, resigned on April 24, 1982, after her request for leave without pay and her grievance regarding that denial were denied. The Court noted that the MSPB's jurisdiction is limited to appeals expressly granted by Congress, and it lacks authority to hear cases involving non-appropriated fund employees and probationary employees. Ralston was classified as an excepted-service, non-preference eligible employee, which does not confer the right to appeal to the MSPB. Additionally, the Court confirmed that Executive Order 12367 did not extend the MSPB's jurisdiction. Consequently, the MSPB's dismissal of Ralston's appeal was affirmed, and Respondent's motion for summary affirmance was granted.
Legal Issues Addressed
Classification of Employee and Right to Appealsubscribe to see similar legal issues
Application: As an excepted-service, non-preference eligible employee, Ralston did not have the right to appeal to the MSPB.
Reasoning: Ralston was classified as an excepted-service, non-preference eligible employee, which does not confer the right to appeal to the MSPB.
Impact of Executive Orders on MSPB Jurisdictionsubscribe to see similar legal issues
Application: Executive Order 12367 does not extend the jurisdiction of the MSPB to include Ralston’s case.
Reasoning: Additionally, the Court confirmed that Executive Order 12367 did not extend the MSPB's jurisdiction.
MSPB Jurisdiction Limitationssubscribe to see similar legal issues
Application: The MSPB's jurisdiction is limited to appeals expressly granted by Congress, and it does not have the authority to hear cases involving certain types of employees, such as non-appropriated fund employees and probationary employees.
Reasoning: The Court noted that the MSPB's jurisdiction is limited to appeals expressly granted by Congress, and it lacks authority to hear cases involving non-appropriated fund employees and probationary employees.