Erwin Wasser v. Department of the Navy, SF-300A-24-0101-I-1

Erwin Joseph Wasser, the appellant, filed an appeal against the Department of the Navy with the Merit Systems Protection Board (MSPB).
The appeal related to employment practices, but the initial decision found the MSPB lacked jurisdiction over his claim.
Wasser represented himself (pro se) in the proceedings, while the Department of the Navy was represented by counsel.
Vice Chairman Kerner recused himself, leaving the MSPB without a quorum to alter the administrative judge’s decision.
The initial dismissal thus became the final decision of the Board and is declared non-precedential—meaning it does not set a binding rule for future cases.
Information about appeal rights and potential forums for judicial review was provided, depending on the nature of the claims (general, discrimination, or whistleblower).

Issue	Plaintiff's Argument	Defendant's Argument	Held
MSPB jurisdiction over employment practices	Wasser argued the MSPB had authority to review his employment practice-related claim	Navy contended the MSPB lacked jurisdiction over the matter	Board held it lacked jurisdiction, dismissing the appeal
Authority to alter initial decision	Wasser may have sought Board consideration beyond the initial judge	Navy did not object to procedural posture	No quorum; initial decision stands as final, non-precedential decision

Perry v. Merit Systems Protection Board, 582 U.S. 420 (2017) (addressing routes for judicial review of MSPB decisions, particularly in discrimination cases)