This morning the Federal Circuit issued one nonprecedential opinion in a Merit Systems Protection Board case, a nonprecedential opinion in a government contracts case, and six Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.
Baldwin v. MSPB (Nonprecedential)
Pro se petitioner Delvin Baldwin petitions for review of a decision of the Merit Systems Protection Board dismissing his appeal for lack of jurisdiction. Mr. Baldwin was removed from federal employment. Under the negotiated grievance procedure that covers Mr. Baldwin’s position, he could appeal his removal by filing a grievance under the Master Labor Agreement or by appealing to the Board, but not both. Mr. Baldwin knew that his union filed a grievance related to his removal, but he did not affirmatively disavow the union’s initiation of the grievance process on his behalf. These actions constitute a binding election of the negotiated grievance procedure, which precludes the Board’s jurisdiction over Mr. Baldwin’s appeal. We therefore affirm the Board’s dismissal.
Milton v. United States (Nonprecedential)
Robert and Manuella Milton appeal an order of the United State Court of Federal Claims (“Claims Court”) dismissing their complaint for failure to state a claim and for lack of jurisdiction and, in the [alternative], as barred by claim preclusion. See Milton v. United States, No. 18-21C, 2019 WL 4137495 (Fed. Cl. Aug. 30, 2019). For the reasons discussed below, we affirm the Claims Court’s dismissal.