By STEPHEN LOSEY
November 28, 2008
Federal employees who are military reservists or National Guard members have the right to appeal to the Merit Systems Protection Board if they lose their jobs or incur other adverse job actions because of their active-duty military service, a federal appeals court has ruled.
MSPB had previously ruled it lacked jurisdiction to hear Uniformed Services Employment and Reemployment Rights Act (USERRA) claims when a collective bargaining agreement provides a grievance procedure.
The U.S. Federal Circuit Court of Appeals ruled Nov. 18 that MSPB must hear the case of Ermae Russell, an Army Reserve officer and trial attorney with the Equal Employment Opportunity Commission in Jackson, Miss. Russell was transferred to EEOC’s Birmingham, Ala., office after spending almost two years on active duty.
http://www.federaltimes.com/index.php?S=3841583
