James B. King, Dir., Off. of Pers. Mgmt. v. Lawrence T. Reid, & Merit Sys. Prot. Bd., 59 F.3d 1215 (Fed. Cir. 1995). · Go Syfert
James B. King, Dir., Off. of Pers. Mgmt. v. Lawrence T. Reid, & Merit Sys. Prot. Bd., 59 F.3d 1215 (Fed. Cir. 1995). Cases Citing This Book View Copy Cite
54 citation events (39 in the last 25 years) across 7 distinct courts.
Strongest positive: Wine v. Merit Systems Protection Board (cand, 2025-10-07) · Strongest negative: Tess Stephens v. Department of Veterans Affairs (mspb, 2024-02-02)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Limited Tess Stephens v. Department of Veterans Affairs
MSPB · 2024 · signal: see · confidence high
See generally, King v. Reid, 59 F.3d 1215, 1217-19 (Fed.
cited Cited as authority (rule) Wine v. Merit Systems Protection Board
N.D. Cal. · 2025 · confidence medium
It is not, therefore, an action described in 5 U.S.C. § 7702 (a)(1)(A) which will support a 18 mixed case.” King v. Reid, 59 F.3d 1215, 1218 (Fed.
discussed Cited as authority (rule) JoAnn Burl v. Department of Transportation
MSPB · 2024 · confidence medium
Lastly, to the extent the appellant raises a claim of discrimination or retaliation, CPFR File, Tab 6 at 4, 6, the Board is unable to consider such a claim in a compliance proceeding, see King v. Reid, 59 F.3d 1215, 1218-19 (Fed.
discussed Cited as authority (rule) Tonya Rhodes v. Department of Veterans Affairs
MSPB · 2023 · confidence medium
Arredondo v. U.S. Postal Service, 89 M.S.P.R. 40 , n.5 (2001) (finding that the Board lacks jurisdiction to adjudicate claim that agency’s compliance actions constituted “continuing discrimination”) (citing King v. Reid, 59 F.3d 1215, 1217-19 (Fed.
cited Cited as authority (rule) Fuerst v. Secretary of Air Force
S.D. Ohio · 2019 · confidence medium
However, “a claim of discrimination contained in a petition to enforce a settlement agreement does not give rise to mixed case status.” See King v. Reid, 59 F.3d 1215, 1219 (Fed.
cited Cited as authority (rule) Keith E. Brown v. Department of Defense
MSPB · 2017 · confidence medium
King v. Reid, 59 F.3d 1215, 1218-19 (Fed.
cited Cited as authority (rule) Joyce M. Delorme v. Department of the Interior
MSPB · 2017 · confidence medium
King v. Reid, 59 F.3d 1215, 1218-19 (Fed.
cited Cited as authority (rule) Joyce M. Delorme v. Department of the Interior
MSPB · 2017 · confidence medium
King v. Reid, 59 F.3d 1215, 1218-19 (Fed.
cited Cited as authority (rule) Diane Horn-Cruder v. Department of Health and Human Services
MSPB · 2016 · confidence medium
King v. Reid, 59 F.3d 1215, 1218 (Fed.
cited Cited as authority (rule) Diane Horn-Cruder v. Department of Health and Human Services
MSPB · 2016 · confidence medium
King v. Reid, 59 F.3d 1215, 1218 (Fed.
discussed Cited as authority (rule) Donna Johnston v. Department of the Navy
MSPB · 2016 · confidence medium
The Board’s subject matter jurisdiction is therefore limited and its “power to adjudicate an action is restricted to matters where its jurisdiction is specifically provided for by law, rule, or regulation.” King v. Reid, 59 F.3d 1215, 1217 (Fed.
cited Cited as authority (rule) Debra M. Shepard v. Department of Veterans Affairs
MSPB · 2016 · confidence medium
See 5 U.S.C. § 7702 (a); King v. Reid, 59 F.3d 1215, 1218-19 (Fed.
discussed Cited as authority (rule) Silvestre Cahue v. Department of Veterans Affairs
MSPB · 2015 · confidence medium
Even if we did consider this evidence, however, it would not affect our disposition of the appeal. 3 A preponderance of the evidence is the degree of relevant evidence that a reasonable person, considering the record as a whole, would accept as sufficient to find that a contested fact is more likely to be true than untrue. 5 C.F.R. § 1201.4 (q). 5 ¶8 To the extent that the appellant alleges on review that the agency discriminated and retaliated against him, PFR File, Tab 1 at 5, we do not consider these allegations because the Board lacks jurisdiction to hear discrimination claims in connect…
cited Cited as authority (rule) Jenkins v. Merit Systems Protection Board
Fed. Cir. · 2005 · confidence medium
See 5 U.S.C. § 7702 (2000); King v. Reid, 59 F.3d 1215, 1218 (Fed.Cir.1995).
cited Cited as authority (rule) Howard v. Service
Fed. Cir. · 2002 · confidence medium
See 5 U.S.C. §§ 7702 (a)(1)(A), (B)(i) and (iii); King v. Reid, 59 F.3d 1215, 1217-18 (Fed.Cir.1995); Cruz v. Dep’t of Navy, 934 F.2d 1240, 1245 (Fed.Cir.1991) (en banc).
cited Cited as authority (rule) James B. King, Director, Office of Personnel Management v. Merit Systems Protection Board
Fed. Cir. · 1997 · confidence medium
King v. Reid, 59 F.3d 1215, 1217 (Fed.Cir.1995); Rosete v. Office of Personnel Management, 48 F.3d 514, 517 (Fed.Cir.1995).
cited Cited as authority (rule) Nancy J. Manley v. Department of the Air Force
Fed. Cir. · 1996 · confidence medium
DISCUSSION Our review of a jurisdictional ruling is plenary, King v. Reid, 59 F.3d 1215, 1217 (Fed.Cir.1995), for jurisdiction is a matter of law.
cited Cited as authority (rule) Maenard Burgess v. United States Postal Service, Alvin A. Dickens v. United States Postal Service, Calvin J. Holley v. United States Postal Service
Fed. Cir. · 1996 · confidence medium
King v. Reid, 59 F.3d 1215, 1217 (Fed.Cir.1995).
cited Cited as authority (rule) Ira F. Torain v. United States Postal Service
Fed. Cir. · 1996 · confidence medium
King v. Reid, 59 F.3d 1215, 1217 (Fed.Cir.1995).
discussed Cited as authority (rule) Eugene O. Bailey v. Department of Veterans Affairs
Fed. Cir. · 1996 · confidence medium
DISCUSSION 2 The Board has only that jurisdiction which is conferred upon it by statute or regulation, 5 U.S.C. § 1204 (a)(1) (1994); King v. Reid, 59 F.3d 1215, 1217 (Fed.Cir.1995), and that jurisdiction is limited, Dowd v. United States, 713 F.2d 720, 722 (Fed.Cir.1983).
discussed Cited as authority (rule) Thomas Y. Dempsey v. Merit Systems Protection Board
Fed. Cir. · 1996 · confidence medium
The Board has only that jurisdiction which is conferred upon it by statute or regulation, 5 U.S.C. § 1204 (a)(1) (1994); King v. Reid, 59 F.3d 1215, 1217 (Fed.Cir.1995), and that jurisdiction is limited, Dowd v. United States, 713 F.2d 720, 722 (Fed.Cir.1983).
discussed Cited as authority (rule) Waford Paye v. Merit Systems Protection Board
Fed. Cir. · 1996 · confidence medium
The Board has only that jurisdiction which is conferred upon it by Congress, King v. Reid, 59 F.3d 1215, 1217 (Fed.Cir.1995), and that jurisdiction is limited, Dowd v. United States, 713 F.2d 720, 722 (Fed.Cir.1983).
discussed Cited as authority (rule) Thomas A. Juhas v. Merit Systems Protection Board
Fed. Cir. · 1995 · confidence medium
The Board has only that jurisdiction which is conferred upon it by Congress, King v. Reid, 59 F.3d 1215, 1217 (Fed.Cir.1995), and that jurisdiction is limited, Dowd v. United States, 713 F.2d 720, 722 (Fed.Cir.1983).
cited Cited "see" Annette Davis v. Department of the Interior
MSPB · 2024 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1219 (Fed.
discussed Cited "see" Beverly Martin v. United States Postal Service
MSPB · 2023 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1218-19 (Fed.
cited Cited "see" Zygmunt Choroszy v. Department of Homeland Security
MSPB · 2022 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1218-19 (Fed.
discussed Cited "see" Lillie L. Jackson v. Department of Justice
MSPB · 2014 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1218 (Fed.
discussed Cited "see" Lillie L. Jackson v. Department of Justice
MSPB · 2014 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1218 (Fed.
discussed Cited "see" Renata M. Lachiewicz v. Department of Homeland Security (2×)
MSPB · 2014 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1218 (Fed.
discussed Cited "see" Renata M. Lachiewicz v. Department of Homeland Security (2×)
MSPB · 2014 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1218 (Fed.
cited Cited "see" Gonzalez v. Department of Transportation
Fed. Cir. · 2009 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1217 (Fed.Cir.1995) (“Ancillary to the board’s power to adjudicate actions is the board’s authority to enforce its own orders [under § 1204(a)(2)].”).
cited Cited "see" Gonzalez v. Department of Transp.
Fed. Cir. · 2009 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1217 (Fed.Cir.1995) ("Ancillary to the board's power to adjudicate actions is the board's authority to enforce its own orders [under § 1204(a)(2)].").
discussed Cited "see" Gregory A. Schmittling v. Department of the Army
Fed. Cir. · 2000 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1217 (Fed.Cir.1995) (“[T]he [B]oard’s power to adjudicate an action is restricted to matters where its jurisdiction is specifically provided by law, rule, or regulation.”); see also Chertkov v. Office of Personnel Management, 52 F.3d 961, 966 (Fed.Cir.1995).
cited Cited "see" Donald F. Harants v. United States Postal Service
Fed. Cir. · 1997 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1217 (Fed.Cir.1995).
cited Cited "see" National Steel Corp. v. United States Coast Guard
E.D. Mich. · 1997 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1217 (Fed.
discussed Cited "see" Ronald L. Green v. United States Postal Service
Fed. Cir. · 1996 · signal: see · confidence high
See King v. Reid, 59 F.3d 1215, 1219 (Fed.Cir.1995). 6 Mr. Green also reiterates the arguments made to the administrative judge that he was entitled to a thirty-day paid notice period under the applicable collective bargaining agreement and that he could not be removed before he had been on leave without pay for a full year.
cited Cited "see, e.g." Lary v. United States Postal Service
Fed. Cir. · 2007 · signal: see also · confidence medium
See 5 U.S.C. § 1204 (a)(2) (2006); see also King v. Reid, 59 F.3d 1215, 1218 (Fed.Cir. 1995).
discussed Cited "see, e.g." Robert K. Oja v. Department of the Army (2×)
Fed. Cir. · 2005 · signal: see also · confidence medium
See 5 U.S.C. § 7702 (a)(1)(A)-(B) (2000); see also King v. Reid, 59 F.3d 1215, 1218 (Fed.Cir.1995).
cited Cited "see, e.g." Oja v. Dept. Of the Army
Fed. Cir. · 2005 · signal: see also · confidence medium
See 5 U.S.C. § 7702 (a)(1)(A)-(B) (2000); see also King v. Reid, 59 F.3d 1215, 1218 (Fed.
discussed Cited "see, e.g." Ruben Martinez v. Rodney E. Slater, Secretary of Transportation
10th Cir. · 1997 · signal: see also · confidence medium
See Cruz v. Department of Navy, 934 F.2d 1240, 1243 (Fed.Cir.1991); see also King v. Reid, 59 F.3d 1215, 1217-18 (Fed.Cir.1995); Gomez v. Department of the Air Force, 869 F.2d 852, 855-56 (5th Cir.1989). 7 Plaintiff's subsequent appeal to the MSPB, following the effective date of his removal, was a "mixed case" appeal, see 29 C.F.R. § 1613.402 (b), and must be deemed plaintiff's election to challenge his allegedly discriminatory removal through proceedings before the MSPB, see id. § 1613.403.
cited Cited "see, e.g." Martinez v. Pena
10th Cir. · 1997 · signal: see also · confidence medium
Cir. 1991); see also King v. Reid, 59 F.3d 1215, 1217-18 (Fed.
Retrieving the full opinion text from the archive…
James B. KING, Director, Office of Personnel Management, Petitioner,
v.
Lawrence T. REID, Respondent, and Merit Systems Protection Board, Respondent
94-3271.
Court of Appeals for the Federal Circuit.
Jun 30, 1995.
59 F.3d 1215
Hillary A. Stern, Atty., Commercial Litigation Branch, Dept, of Justice, of Washington, DC, argued, for petitioner. With her on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Jeanne E. Davidson, Asst. Director. Also on the brief were Lorraine Lewis, Gen. Counsel and Steven E. Abow, Office of Gen. Counsel, Office of Personnel Management, Washington, DC, of counsel., Stephanie M. Conley, Atty., M.S.P.B., of Washington, DC, argued, for respondent. With her on the brief were Mary L. Jennings, Acting Gen. Counsel and David C. Kane, Asst. Gen. Counsel.
Archer, Newman, Schall.
Cited by 45 opinions  |  Published
ARCHER, Chief Judge.

The Office of Personnel Management (“OPM”) petitioned this court for review of the January 6, 1994 decision of the Merit[*1217] Systems Protection Board (board) denying OPM’s request for reconsideration of the board’s earlier decision in Reid v. Department of Navy, 50 M.S.P.R, 663 (1991) (Reid I). Reid v. Department of Navy, 60 M.S.P.R. 354 (1994) (Reid II). [1] OPM’s petition was granted to answer the following question on appeal: whether an enforcement action containing an allegation of discrimination qualifies as a mixed case under 5 U.S.C. § 7702(a)(1). King v. Reid, misc. docket No. 395 (Fed.Cir. March 25, 1994). We conclude that such action does not qualify as a mixed case and we reverse the decision of the board to that extent.

BACKGROUND

Reid was removed from his position with the Department of the Navy (Navy or agency) as an Electronics Engineer in 1989. On appeal to the board, the parties settled their disputes and Reid withdrew his appeal. The settlement agreement was entered into the record. Subsequently, Reid petitioned the board to enforce the settlement agreement, alleging that the Navy had breached the terms of the agreement. He claimed that the Navy failed to comply with the terms of the settlement agreement because, among other reasons, the agency discriminated against him.

The administrative judge (AJ) found that the Navy had fully complied with the agreement, and without addressing the discrimination claim, dismissed Reid’s enforcement petition. On petition for review, the full board affirmed the AJ’s decision on the merits but reopened the case because the AJ failed to consider the discrimination claim. Although finding no evidence of discrimination in its review, the board decided that Reid’s claim of discrimination gave his case a “mixed case” status under 5 U.S.C. § 7702(a)(1) and provided him mixed ease appeal rights. Reid I.

OPM requested the board to reconsider its decision. OPM argued that a petition to enforce a settlement agreement is not an appealable action within the meaning of § 7702 and thus it cannot be combined with a discrimination claim to qualify as a mixed case. In Reid II, the board denied OPM’s request and affirmed its earlier decision in Reid I, reasoning that “[gjiven the fact that a breach of a settlement agreement is an appealable action, it follows from [5 U.S.C. § 7702(a) ] that such an action is a mixed case when the appellant alleges that the breach resulted from discrimination.” This petition for review followed.

DISCUSSION

We review decisions of the board under the standard of review prescribed by statute. 5 U.S.C. § 7703(c). On questions of statutory interpretation and jurisdictional issues, the board’s decision is reviewed de novo. Rosete v. Office of Personnel Management, 48 F.3d 514 (Fed.Cir.1995).

The board’s subject matter jurisdiction to adjudicate agency actions is limited. Congress defined the board’s powers and functions in the following manner:

(a) The Merit Systems Protection Board shall—
(1) hear, adjudicate, or provide for the hearing or adjudication, of all matters within the jurisdiction of the Board under this title, section 4323 of title 38, or any other law, rule, or regulation, and, subject to otherwise applicable provisions of law, take final action on any such matter;

5 U.S.C. § 1204(a)(1). Thus the board’s power to adjudicate an action is restricted to matters where its jurisdiction is specifically provided for by law, rule, or regulation. Ancillary to the board’s power to adjudicate actions is the board’s authority to enforce its own orders. Congress provided in the next paragraph of § 1204 that the board would have the power to:

(2) order any Federal agency or employee to comply with any order or decision issued by the Board under the authority granted under paragraph (1) of this subsection and enforce compliance with any such order;

5 U.S.C. § 1204(a)(2).

A claim of discrimination, standing-alone, is insufficient to invoke the board’s

[*1218] jurisdiction. Cruz v. Department of Navy, 934 F.2d 1240, 1245 (Fed.Cir.1991) (in banc). Congress has provided venues other than the board to review claims of discrimination generally. The board may, however, decide claims of discrimination in limited circumstances. Congress provided that the board may decide a claim of discrimination when it forms a basis for an agency action over which the board otherwise has jurisdiction (commonly referred to as an “appealable action”). Such a case is known as a “mixed” case. Specifically, 5 U.S.C. § 7702(a)(1), provides:

in the case of any employee or applicant for employment who—
(A) has been affected by an action which the employee or applicant may appeal to the Merit Systems Protection Board, and
(B) alleges that a basis for the action was discrimination ...
the Board shall ... decide both the issue of discrimination and the appealable action____

Appealable actions are those agency actions expressly made appealable to the board by any law, rule, or regulation. See 5 U.S.C. § 1204(a)(1). These include, for example, adverse actions under Chapter 75 of Title 5 and performance-based actions under Chapter 43, as well as agency actions made appealable to the board by regulation, as for example 5 C.F.R. § 353.401(c) (failure to restore or improper restoration of executive department employees who suffer compensable injuries).

In this case, the board concluded that the breach of the settlement agreement was an “appealable action” which when coupled with Reid’s claim of discrimination required that the board provide Reid with mixed case appeal rights. We disagree. Section 7702(a)(1) allows the board to decide an issue of discrimination only when it is a “basis” for “an action which the employee or applicant may appeal to the [board].” Nowhere in the statutes nor in any rule or regulation is a petition for enforcement of a settlement agreement expressly made appealable to the board. Although a breach of a settlement agreement by the government undoubtedly involves an agency action, it is not one of those agency actions described as being appealable to the board.- It is not, therefore, an action described in 5 U.S.C. § 7702(a)(1)(A) which will support a mixed case.

The board itself has apparently now abandoned the position stated in its opinion below that a breach of a settlement agreement is an appealable action. It does not make this argument in its brief on appeal. Instead the board now argues that since the original action was appealable the board retains jurisdiction to entertain petitions for enforcement and that when an allegation of discrimination is included in the petition, the mixed ease provisions apply. Again, we disagree.

. [8] As explained above, the board’s jurisdiction over appealable actions is limited to those set out in a law, rule, or regulation. 5 U.S.C. § 1204(a)(1). Although employees may petition the board to exercise its preexisting jurisdiction to enforce settlement agreements already entered into the record, [2] the board is not then acting under its § 1204(a)(1) authority. See Amin v. Merit Sys. Protection Bd., 951 F.2d 1247, 1252 (Fed.Cir.1991) (distinguishing between appeals that are resolved by settlements and later filed petitions to enforce the settlements, but recognizing the petitions may raise issues intertwined with the merits of the original appeal); see also Perry v. Department of Army, 992 F.2d 1575, 1577 (Fed.Cir.1993). Once a settlement agreement has been entered into the record, the original appealable action is withdrawn or dismissed. The board retains jurisdiction over a settlement agreement made part of the record pursuant to its power under 5 U.S.C. § 1204(a)(2) to enter and enforce its own orders.

We conclude that under the board’s retained jurisdiction, 5 U.S.C. § 1204(a)(2), the board may decide whether an agency has[*1219] breached a settlement agreement entered on the record and thus violated its order. It may not, however, decide a claim of discrimination that is alleged to be a basis in whole or in part for the agency’s acts of noncompliance. The board’s jurisdiction to hear discrimination allegations arises only in connection with an otherwise appealable action under any law, rule, or regulation.

CONCLUSION

Accordingly, a claim of discrimination contained in a petition to enforce a settlement agreement does not give rise to mixed ease status and the board erred when it granted Reid mixed case appeal rights.

REVERSED.

1

. 5 U.S.C. § 7703(d) provides this court with discretion to review a board decision when a petition for review is filed by OPM. Before filing a petition for review with this court, however, OPM must first request that the board reconsider its decision.

2

. The board does not retain jurisdiction over a settlement agreement if it is not entered into the record. See 5 C.F.R. § 1201.41(c)(2).