Parrott v. MSPB, Fed. Cir. Mar. 12, 2008
07-3119 MSPB Parrott v. MSPB
Before SCHALL, BRYSON, and MOORE, Circuit Judges.
SCHALL, Circuit Judge. Jeffrey W. Parrott is a former employee of the Transportation Security Administration (“TSA” or “agency”), Department of Homeland Security. He resigned from his position with TSA on May 27, 2005. Subsequently, he appealed to the Merit Systems Protection Board (“Board”), alleging that his resignation was involuntary and therefore constituted a constructive removal. Following a hearing, the administrative judge (“AJ”) to whom the appeal was assigned issued an initial decision in which he held that Mr. Parrott had failed to establish that his resignation was involuntary. Parrott v. Dep’t of Homeland Sec., No. DC-0752-06-0058-I-1, slip op. at 16 (M.S.P.B. Feb. 22, 2006) (“Initial Decision”). He therefore dismissed the appeal for lack of jurisdiction. Id. The AJ’s initial decision became the final decision of the Board on December 4, 2006, when the Board denied Mr. Parrott’s petition for review for failure to meet the criteria for review set forth at 5 C.F.R. § 1201.115(d). Parrott v. Dep’t of Homeland Sec., 104 M.S.P.R. 171 (2006) (“Final Decision”). Mr. Parrott petitions for review, and the Department of Homeland Security has intervened. We affirm. … Parrott v. MSPB.
