This morning the Federal Circuit issued two nonprecedential opinions in Merit Systems Protection Board cases. Here are the introductions to the opinions.
McKeown v. MSPB (Nonpreceential)
Petitioner Dennis C. McKeown seeks review of a decision of the Merit Systems Protection Board dismissing his appeal for lack of jurisdiction because Mr. McKeown resigned from federal employment. The Board lacks jurisdiction over a resignation unless the petitioner can show it was involuntary. Mr. McKeown claims that he resigned involuntarily due to intolerable work conditions. Because the Administrative Judge properly concluded that Mr. McKeown failed to present nonfrivolous allegations of involuntary resignation to establish jurisdiction, we affirm the Board’s decision.
Trinkl v. MSPB (Nonprecedential)
Petitioner Garth K. Trinkl seeks review of the Merit Systems Protection Board’s post-hearing decision dismissing his appeal for lack of jurisdiction because he had failed to establish an involuntary retirement. Because we conclude that the Board’s decision is supported by substantial evidence, we affirm.