Federal employee loses MSPB appeal. Christopher Copeland, a department of the Army employee, reported to work intoxicated in August of 2017. He was then cited for public intoxication. In order to avoid termination, Copeland entered into an agreement with the Army to avoid alcohol for two years. He also agreed to submit to random alcohol testing. May of 2019, Copeland failed a breathalyzer test. The Army removed him from his position. He appealed to the Merit Systems Protection Board (MSPB). The agreement he had signed waived his right to appeal unless he demonstrated compliance with the agreement. However, Copeland made no attempt to demonstrate compliance in his appeal to the (MSPB). MSPB subsequently dismissed for lack of jurisdiction. The U.S. Court of Appeals for the Federal Circuit affirmed the agency’s decision.
Copeland v. Dep’t of the Army, http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1320.OPINION.5-10-2021_1775382.pdf
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