This morning the Federal Circuit issued a nonprecedential opinion in an employment case appealed from the Merit Systems Protection Board. The opinion addresses issues related to the jurisdiction of the MSPB. The court also issued four Rule 36 judgments. Here is the introduction to the opinion and links to the Rule 36 judgments.
Fleming v. Merit Systems Protection Board (Nonprecedential)
After the Office of Personnel Management rescinded its final decision in Kishma Fleming’s case, the Merit Systems Protection Board determined that it lacked jurisdiction and dismissed Ms. Fleming’s appeal. Ms. Fleming appeals the Board’s dismissal. We affirm because without a final decision to review, the Board lacks jurisdiction to continue with an appeal. Ms. Fleming may appeal to the Board again when the Office of Personnel Management issues a new final decision.