Boyd v. Department of Labor, 041114 FEDFED, 2014-3015

Docket Nº:2014-3015
Opinion Judge:Per Curiam.
Party Name:THASHA A. BOYD, Petitioner, v. DEPARTMENT OF LABOR, Respondent.
Attorney:Thasha A. Boyd, of Kennesaw, Georgia, pro se. Antonia R. Soares, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her on the brief were Stuart F. Delery, Assistant Attorney General, Bryant G. Snee, Acting Di...
Judge Panel:Before Dyk, Prost, and Reyna, Circuit Judges.
Case Date:April 11, 2014
Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit
 
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THASHA A. BOYD, Petitioner,

v.

DEPARTMENT OF LABOR, Respondent.

No. 2014-3015

United States Court of Appeals, Federal Circuit

April 11, 2014

This disposition is nonprecedential.

Petition for review of the Merit Systems Protection Board in No. AT0752120513-I-1.

Thasha A. Boyd, of Kennesaw, Georgia, pro se.

Antonia R. Soares, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her on the brief were Stuart F. Delery, Assistant Attorney General, Bryant G. Snee, Acting Director, and Deborah A. Bynum, Assistant Director.

Before Dyk, Prost, and Reyna, Circuit Judges.

Per Curiam.

Thasha A. Boyd appeals from a final order of the Merit Systems Protection Board ("Board") denying her petition for review of the Board's July 13, 2012 initial decision dismissing her involuntary resignation claim for lack of jurisdiction. Boyd v. Dep't of Labor, No. AT0752120513-I-1 (M.S.P.B. Sept. 17, 2013) ("Final Order"). For the reasons that follow, we affirm.

Background

Ms. Boyd was previously employed as an Immigration Services Officer with the U.S. Citizenship and Immigration Service at the GS-11 level. In February 2010, she assumed the GS-12 position of Immigration Program Analyst with the Department of Labor's Atlanta National Processing Center ("ANPC"). She worked there until March 17, 2010, when she was demoted back to a GS-11 position because management had discovered that she did not have the specialized experience required for the GS-12 position. She appealed her demotion to the Board, which ultimately reversed the demotion because the agency had failed to provide her with notice and an opportunity to respond.

Throughout Ms. Boyd's tenure at ANPC, she filed several complaints with management regarding harassment by other employees and contractors' staff, and her coworkers and contract staff also filed several complaints against her. For example, in November 2011, a contract employee named Kathleen Kurth filed a complaint against Ms. Boyd, alleging that she had intentionally bumped into Ms. Kurth's shoulder when Ms. Kurth had discovered Ms. Boyd going through documents on her desk. Ms. Boyd filed a cross-complaint that Ms. Kurth had harassed her by hitting her on the arm when she was trying to leave Ms. Kurth's cubicle. On February 16, 2012, the Department of Labor ("Labor") proposed to suspend Ms. Boyd for ten days for the physical altercation with Ms. Kurth. Then, in April 2012, another employee, Ms. Tracey Harbour, filed a complaint against Ms. Boyd, alleging that she had held the stairway door closed and would not allow Ms. Harbour to enter the office. Shortly thereafter, Ms. Boyd's supervisor told her that he needed to speak with her about the allegations filed against her by Ms. Harbour and others. On April 11, 2012, Ms. Boyd submitted her resignation, effective that day.

Ms. Boyd filed an appeal with the Board, alleging that her resignation was involuntary...

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