5 U.S.C. § 4311
Definitions
For the purpose of this subchapter, “agency”, “senior executive”, and “career appointee” have the meanings set forth in section 3132(a) of this title.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2014–2023 · leading case: Darek Kitlinski v. Dep't of Just., 2023 MSPB 13 (MSPB 2023).
Darek Kitlinski v. Dep't of Just., 2023 MSPB 13 (MSPB 2023). “Because many of the considerations underpinning the recognition of a hostile work environment claim under 5 U.S.C. § 4311 (a), see Petersen, 71 M.S.”
David Wayne Yager v. United States Postal Serv. (MSPB 2014). “5 U.S.C. § 4311 (a). To establish Board jurisdiction over a nonselection for promotion under USERRA, the appellant must at least allege that: (1) he performed duty in a uniformed service of the United States; (2) he was not selected for a promotion; and (3) the nonselection was…”
Carl D. Hayden v. Dep't of the Air Force (MSPB 2014). “The administrative judge likewise found that the appellant did not show that the agency’s decision not to process the position upgrade during his absence was motivated or otherwise connected to his military service. ID at 4. Finally, the administrative judge found that the…”
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