Douglas v. Veterans Administration
Merit Systems Protection Board
5 M.S.P.R. 280, 5 M.S.P.B. 313 (1981)
- Written by Mike Begovic, JD
Facts
Curtis Douglas (plaintiff) lost his job as a supply clerk dispatcher with the Veterans Administration (VA) (defendant) because of his performance and work-related misconduct. The workplace infractions included, among other things, being away from his duty station and selling his employment services to a handicapped employee. The VA ultimately terminated him, citing four past disciplinary actions in its decision. Joseph Cicero (plaintiff) similarly lost his job as a housekeeping aide at a VA hospital for failing to follow instructions from his supervisor. The VA considered Cicero’s prior disciplinary record, consisting of similar incidents, in its decision. As employees of federal agencies, Douglas and Cicero, exercising their rights under 5 U.S.C. § 7701, appealed to the Merit Systems Protection Board (the board) for review. In both cases, a presiding official heard the case and sustained the VA’s decision. The board then reopened the case to consider the question of whether it had the authority to impose or reduce a penalty, and additionally, which standard of review it should apply in such cases.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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