This morning the Federal Circuit released two nonprecedential opinions in cases appealed from the Merit Systems Protection Board. Here are the introductions to the opinions.
Fall v. Merit Systems Protection Board (Nonprecedential)
David Fall appeals the Merit Systems Protection Board’s (“Board”) decision dismissing his appeal of the Department of the Treasury’s (“agency”) decision terminating him. We affirm.
Carter v. Department of Defense (Nonprecedential)
Petitioner Kathy Lynn Carter appeals a decision by the Merit Systems Protection Board affirming the Department of Defense’s (Defense) decision removing her from federal service for unauthorized absences and failure to follow instructions by refusing to perform telework during the novel coronavirus pandemic. Carter v. Dep’t of Def., No. DC0752-21-0485-I-1, 2021 WL 5080549 (M.S.P.B. Oct. 28, 2021) (Board Decision) (Appx. 5–31). Ms. Carter requests reversal and reinstatement or adjustment of her retirement date.2 Pet. Br. at 16. Because we conclude that the Board’s decision is supported by substantial evidence and is not arbitrary, capricious, an abuse of discretion, or contrary to law, we affirm.