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Case Repost for January 12, 2017
Docket Number: PH-0752-13-5389-I-1
Decision Number: 2016-2220

              The Appellant was employed by the U.S. Army Cyber Command (ACC). The commander of the ACC, who is the deciding official for the resulting furloughs of ACC employees, delegated the task to his Chief of Staff, who then designated an official to hear presentations of oral replies regarding the proposed furloughs. The Appellant had made an oral reply, as well as a written response that included a budget proposal that she believed would have prevented furloughs. The Agency furloughed her for 6 nonconsecutive days. Her appeal to the Board was on the grounds that the Agency was not efficient in their services, committed harmful error by not considering her budget proposal, and that the Commander of ACC was improper in his delegation of duties to his Chief of Staff. The Administrative Judge (AJ) sustained the furlough action. On appeal of AJ’s decision, the Board found that the delegation did not introduce harmful procedural error and there was no due process violation because the Chief of Staff had gotten her written and oral replies in time for them to have effect on his decision. On appeal to the Federal Circuit, they affirmed the Boards decision to keep the furlough action.

While Attorney Kirk J. Angel did not represent this Appellant, he does represent civilian employees of the Department of Army for cases heard by MSPB and the Federal Circuit.