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Metzenbaum v. Dept. of Justice

Merit Systems Protection Board must reconsider its dismissal of a federal job applicant's discrimination and reprisal claims in light of the board's own regulations.

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Appealed from: Merit Systems Protection Board

Terry S. Metzenbaum (“petitioner”) seeks review of the final decision of the Merit Systems Protection Board (“MSPB” or “Board”) denying his claim for remedial action under the Uniformed Services Employment and Reemployment Rights Act of 1994, Pub. L. No. 103-353, 1994 U.S.C.C.A.N. (108 Stat.) 3149 (“USERRA”) (codified at 38 U.S.C. �� 4301-4333), and dismissing his claims of disability discrimination and reprisal for prior EEO complaints. Metzenbaum v. Dep’t of Justice, No. CH-3443-99-0341-I-1 (M.S.P.B. June 2, 2000). Specifically, petitioner seeks review only of the Board’s dismissal of the discrimination and reprisal claims for lack of jurisdiction. Because the Board’s finding that it does not have jurisdiction over the discrimination and reprisal claims under 5 U.S.C. � 7702(a) may be inconsistent with Board regulations, we affirm-in-part, vacate-in-part, and remand.

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