Brian T. Dziekonski v. Department of the Army
Background
- Appellant Brian T. Dziekonski, pro se, appealed a furlough action taken by the Department of the Army to the Merit Systems Protection Board (MSPB).
- An administrative judge issued an initial decision affirming the agency’s furlough action.
- Dziekonski filed a petition for review of the initial decision to the full Board.
- The Board reviews petitions for specified bases (errors of fact, errors of law, procedural error affecting outcome, or new material evidence) under 5 C.F.R. § 1201.115.
- After considering the filings, the Board concluded the petitioner failed to show any basis for review, denied the petition for review, and affirmed the initial decision as the Board’s final decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board should grant review and overturn the administrative judge’s affirmation of the furlough | The initial decision contained errors (factual or legal) or otherwise warranted review | No basis for review; initial decision was correct and procedures were followed | Petition for review denied; initial decision affirming furlough is affirmed |
Key Cases Cited
- Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991) (Federal Circuit will not ordinarily waive statutory deadline for filing an appeal)