Dana B. Griesbach v. Department of Veterans Affairs
Background
- Appellant Dana B. Griesbach filed an individual right of action (IRA) appeal seeking corrective action against the Department of Veterans Affairs.
- The administrative judge issued an initial decision denying Griesbach’s request for corrective action.
- The appellant filed a petition for review of that initial decision.
- The two Board members assigned to decide the petition for review could not agree on its disposition.
- Because the members were split, the initial decision automatically became the final decision of the Merit Systems Protection Board.
- The order informs the appellant of her right to seek review in the U.S. Court of Appeals for the Federal Circuit (60 days) and warns about strict filing deadlines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board should grant corrective action in Griesbach’s IRA appeal | Griesbach sought corrective action based on alleged prohibited personnel practices | Agency opposed corrective action and defended the initial decision denying relief | Initial decision denying corrective action stands (became final due to Board split) |
| Effect of Board members’ disagreement on petition for review | Griesbach argued for review of the initial decision | Agency urged affirmation of the initial decision | Board split resulted in the initial decision becoming final under 5 C.F.R. §1200.3(b) |
| Availability of appellate review and deadlines | Griesbach can seek judicial review of Board’s final decision | Agency noted appellant’s right to judicial review but emphasized deadlines | Appellant may file with the Federal Circuit within 60 days; strict adherence to deadline required |
Key Cases Cited
- Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991) (court generally will not waive statutory appellate filing deadlines; late filings are subject to dismissal)