Summary of MSPB Case Decision in Nagle v. USPS
No. 22-1306 (Fed. Cir. July 7, 2022) (PH-0752-20-0313-I-2)
The agency removed Mr. Nagle on charges of failure to comply with leave procedures, failure to follow instructions set forth in the pre-disciplinary interview letter, and 75 instances of AWOL.
On appeal to the Board, the administrative judge affirmed the removal decision, rejecting Mr. Nagle’s contentions of harmful error and whistleblowing reprisal.
Before the Federal Circuit, Mr. Nagle argued that the administrative judge erred in finding that he was not entitled to corrective action as a protected whistleblower. However, the court found that substantial evidence supported the administrative judge’s finding that agency officials had no knowledge of Mr. Nagle’s disclosures, and that the agency would have removed him regardless of his disclosures.
The court considered and rejected Mr. Nagle’s remaining arguments, and affirmed the Board’s decision.