1. “Is the 15-day period for filing appeals to the Merit Systems Protection Board set forth in 5 U.S.C. § 3330a(d)(1)(B) subject to equitable tolling?” 2. “Is the 60-day period for filing a claim with the Secretary of Labor set forth in 5 U.S.C. § 3330a(a)(2)(A) subject to equitable tolling?” 3. “Are all veterans who allege a USERRA violation entitled to a hearing under 5 U.S.C. § 7701?”
1 & 2. “Both subsection 3330a(a)(1)(A) and subsection 3330a(d)(1)(B) are subject to equitable tolling.” 3. “[T]he veteran is entitled to a hearing before the Board on his USERRA claim.”
