UNITED STATES OF AMERICA
MERIT SYSTEMS PROTECTION BOARD
KATHERINE L. FLEMING, DOCKET NUMBER
Appellant, AT-1221-11-0460-M-1
v.
DEPARTMENT OF THE INTERIOR, DATE: November 23, 2016
Agency.
THIS ORDER IS NONPRECEDENTIAL *
Katherine L. Fleming, Homestead, Florida, pro se.
Vicki V. Mott, Esquire, Atlanta, Georgia, for the agency.
BEFORE
Susan Tsui Grundmann, Chairman
Mark A. Robbins, Member
REMAND ORDER
¶1 The U.S. Court of Appeals for the Federal Circuit remanded this case to the
Board on August 30, 2016, granting the Board’s August 11, 2016 motion to
intervene and for remand. Fleming v. Department of the Interior, No. 16-1247,
*
A nonprecedential order is one that the Board has determined does not add
significantly to the body of MSPB case law. Parties may cite nonprecedential orders,
but such orders have no precedential value; the Board and administrative judges are not
required to follow or distinguish them in any future decisions. In contrast, a
precedential decision issued as an Opinion and Order has been identified by the Board
as significantly contributing to the Board’s case law. See 5 C.F.R. § 1201.117(c).
2
slip op. (Fed. Cir. Aug. 30. 2016). The Board’s reasons for requesting remand are
set forth in its August 11, 2016 motion to the Court.
¶2 The Board hereby VACATES its September 22, 2015 Final Order in the
underlying case, MSPB Docket No. AT-1221-11-0460-B-2. This case is
REMANDED for further proceedings in accordance with the Court’s August 30,
2016 order and the Board’s August 11, 2016 motion. On remand, the case shall
be adjudicated by an MSPB administrative judge from the Board’s Office of
Regional Operations.
FOR THE BOARD: ______________________________
Jennifer Everling
Acting Clerk of the Board
Washington, D.C.