Kenneth E. Frazier v. United States Postal Serv., 790 F.2d 873 (Fed. Cir. 1986). · Go Syfert
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Kenneth E. Frazier v. United States Postal Serv., 790 F.2d 873 (Fed. Cir. 1986). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: Gerald L. Naekel v. Department of Transportation, Federal Aviation Administration (cafc, 1988-06-28) · Strongest negative: Loeffler v. Tisch (ca8, 1986-12-08)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited "but see" Loeffler v. Tisch
8th Cir. · 1986 · signal: but cf. · confidence high
But cf. Frazier v. United States Postal Service, 790 F.2d 873 (Fed.Cir.1986) (per curiam) (Merit Systems Protection Board has no authority to award interest on back-pay award).
cited Cited "but see" Loeffler v. Tisch
8th Cir. · 1986 · signal: but cf. · confidence high
But cf. Frazier v. United States Postal Service, 790 F.2d 873 (Fed.Cir.1986) (per curiam) (Merit Systems Protection Board has no authority to award interest on back-pay award).
discussed Cited as authority (rule) Gerald L. Naekel v. Department of Transportation, Federal Aviation Administration (2×)
Fed. Cir. · 1988 · confidence medium
Frazier v. United States Postal Serv., 790 F.2d 873, 874 (Fed.Cir.1986); United States v. Thayer-West Point Hotel Co., 329 U.S. 585, 588 , 67 S.Ct. 398, 399 , 91 L.Ed. 521 (1947).
Retrieving the full opinion text from the archive…
Kenneth E. FRAZIER, Petitioner,
v.
UNITED STATES POSTAL SERVICE, Respondent
Appeal 86-661.
Court of Appeals for the Federal Circuit.
Feb 7, 1986.
790 F.2d 873
Kenneth E. Frazier, pro se., Howard Lipper, Dept, of Justice, Washington, D.C., for respondent.
Rich, Newman, Archer.
Cited by 4 opinions  |  Published
PER CURIAM.

DECISION

The September 23, 1985, final decision of the Merit Systems Protection Board[*874] (board), No. NY075282C9014, determining that the board did not have the authority to assess interest against the United States Postal Service on back pay already awarded by the board as a result of petitioner’s earlier successful appeal is affirmed on the basis of the initial “Addendum Decision” of James Cardinal, Regional Director of the board, dated August 19, 1985.

OPINION

The board properly held that interest may be assessed against the federal government only under an express statutory or contractual authority. United States v. Thayer-West Point Hotel Co., 329 U.S. 585, 588, 67 S.Ct. 398, 399-400, 91 L.Ed. 521 (1947); see also United States v. Testan, 424 U.S. 392, 399, 96 S.Ct. 948, 953-54, 47 L.Ed.2d 114 (1976). There is no statute or contract which gives the board authority to award interest in this back pay case.

Accordingly, we affirm because we do not find the board’s decision to be arbitrary, capricious, an abuse of discretion, obtained without proper procedures having been followed, unsupported by substantial evidence, or otherwise not in accordance with law.

AFFIRMED.