Anthony Caros v. Department of Homeland Security
Background
- Appellant Anthony Caros sought enforcement of an MSPB February 25, 2014 order directing DHS to cancel his removal and pay correct back pay, interest, and benefits.
- Caros filed a petition for enforcement (Dec. 8, 2014); an AJ denied enforcement (Oct. 5, 2015); appellant petitioned for review.
- On April 18, 2016, the Board found the agency not in full compliance because DHS had not shown its overtime/premium-pay recalculations for the back-pay period were reasonable and referred the matter to the Office of General Counsel.
- DHS later submitted recalculations (June 17, 2016) showing additional amounts owed; initial submission did not show proof of payment.
- On October 6, 2016, DHS submitted evidence that it had paid the recalculated overtime and premium-pay amounts (with interest); the Board found this satisfied the February 25, 2014 order and dismissed the enforcement petition.
- The Board noted the AJ failed to inform the appellant of mixed-case appeal rights; it treated that omission as non-reversible error and provided the notice in the final order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DHS complied with the Board's Feb. 25, 2014 order on overtime/premium back pay | Caros argued DHS had not shown reasonable overtime/premium-pay calculations and had not paid additional amounts owed | DHS argued it recalculated using similarly situated employees, determined additional funds were owed, and ultimately paid those amounts with interest | Board found DHS in full compliance after DHS produced evidence of payment and dismissed the enforcement petition |
| Whether the AJ's failure to inform appellant of mixed-case appeal rights was reversible error | Caros could contend he was deprived of notice of appeal options for discrimination claims | DHS did not dispute the procedural omission substantively | Board held the omission was error but not reversible; it provided the mixed-case appeal notice in the final order |
Key Cases Cited
- Grimes v. U.S. Postal Service, 39 M.S.P.R. 183 (1988) (holding that failure to notify a party of mixed-case appeal rights is error but may be cured by later notice)