Federal Unions Support Request for Supreme Court Review of Denied MSPB Case Appeals

Government Executive: Officials with the National Treasury Employees Union announced Tuesday that they have filed friend-of-the-court briefs on behalf of three federal employees asking the Supreme Court to review their appeals of Merit Systems Protection Board cases.

In each of the three cases, the U.S. Court of Appeals for the Federal Circuit dismissed the employee’s appeal on the grounds that the employee missed a filing deadline. But NTEU National President Tony Reardon said those dismissals were improper, because the employees made every effort to comply with the deadline.

In the cases of Vocke v. MSPB and Fedora v. MSPB, the employees “followed guidance issued by the court in its own Guide for Pro Se Petitioners,” NTEU said in its amicus brief, but they were denied on the basis of erroneous instructions by the court. The American Federation of Government Employees also filed a brief in both cases.

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