Kyle v. I. C. C., Nos. 79-1307
| Court | United States Courts of Appeals. United States Court of Appeals (District of Columbia) |
| Writing for the Court | Before WRIGHT; PER CURIAM |
| Citation | 609 F.2d 540 |
| Parties | Richard W. KYLE, Petitioner, v. INTERSTATE COMMERCE COMMISSION, Respondent. Robert L. OSWALD, Petitioner, v. INTERSTATE COMMERCE COMMISSION and Merit Systems Protection Board, Respondents. Paul A. STONE, Petitioner, v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Respondent. |
| Docket Number | Nos. 79-1307,79-1345 and 79-1505 |
| Decision Date | 26 October 1979 |
Page 540
v.
INTERSTATE COMMERCE COMMISSION, Respondent.
Robert L. OSWALD, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and Merit Systems Protection
Board, Respondents.
Paul A. STONE, Petitioner,
v.
DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Respondent.
District of Columbia Circuit.
As Amended Jan. 8, 1980.
Page 541
On Motions to Dismiss.
William Kanter, Joseph B. Scott and Marleigh Dover Lang, Attys., Dept. of Justice, Washington, D. C., were on the motions to dismiss for respondents.
Myles J. Ambrose, Washington, D. C., was on the opposition to the motions to dismiss for petitioners in Nos. 79-1307 and 79-1345.
Paul A. Stone was on the opposition to the motions to dismiss for petitioner pro se in No. 79-1505.
Before WRIGHT, Chief Judge, and LEVENTHAL * and WALD, Circuit Judges.
Opinion per curiam.
PER CURIAM:
In these cases, three federal employees have petitioned for review of the final orders of the Merit Systems Protection Board upholding agency adverse personnel actions. We dismiss for lack of jurisdiction because the savings provision of the Civil Service Reform Act precludes direct review in this court.
I.
The Civil Service Reform Act of 1978, Pub.L. No. 95-454, 92 Stat. 1111, which became effective on January 11, 1979, provides for review of final orders or decisions of the Merit Systems Protection Board in the Court of Claims or a
United States Court of Appeals, 5 U.S.C.A. § 7703(b)(1) (Supp. 1979). A savings clause, however, makes the Act inapplicable to cases instituted before its effective date:
No provision of this Act shall affect any administrative proceedings pending at the time such provision takes effect. Orders shall be issued in such proceedings and appeals shall be taken therefrom as if this Act had not been enacted.
Page 542
Pub.L. No. 95-454, § 902(b), 92 Stat. 1111 (5 U.S.C.A. § 1101 note (Supp.1979)). In the interest of affording maximum rights to aggrieved employees, the Merit Systems Protection Board promulgated regulations construing the savings clause:
No provision of the Civil Service Reform Act shall be applied by the Board in such a way as to affect any administrative proceeding pending at the effective date of such provision. "Pending" is considered to encompass existing agency proceedings, and appeals before the Board or its predecessor agencies, that were subject to judicial review or under judicial review on January 11, 1979, the date on which the Act became effective. An agency proceeding is considered to exist once the employee has received notice of the proposed action.
44 Fed.Reg. 38349, 38360-61 (1979) (to be codified in 5 C.F.R. § 1201.191(b)).
Each of these cases involves an employee who received notice of the proposed personnel action before, but had his...
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Karahalios v. DEFENSE LANGUAGE INSTITUTE, ETC., No. C-81-2745 RFP.
...MSPB decisions. See, e.g., Ellis v. Merit Systems Protection Board, 613 F.2d 49 (3d Cir. 1980); Kyle v. Interstate Commerce Commission, 609 F.2d 540 (D.C.Cir.1980); Motley v. Secretary of the United States Department of the Army, 608 F.2d 122 (5th Cir. 1979). The courts have been inclined t......
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Wilder v. Prokop, No. 84-2540
...(7th Cir.1980); Motley v. Secretary of the United States Army, 608 F.2d 122, 123 (5th Cir.1979); Kyle v. Interstate Commerce Commission, 609 F.2d 540, 542 n. 2 (D.C.Cir.1979); In re Christian, 606 F.2d 822, 823 (8th Cir.1979); see also S.Rep. No. 95-969, 95th Cong., 2d Sess. 63, reprinted i......
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Devine v. White, No. 81-1893
...U.S. 1, 16, 85 S.Ct. 792, 801, 13 L.Ed.2d 616 (1965); National Wildlife Fed'n v. Gorsuch, 693 F.2d 156, 170 (D.C.Cir.1982); Kyle v. ICC, 609 F.2d 540, 542-43 (D.C.Cir.1979) (per 60 S.REP. NO. 969, supra note 12, at 64, 1978 U.S.CODE CONG. & AD.NEWS at 2786; see Devine v. Goodstein, 680 F.2d......
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Process Gas Consumers Group v. U.S. Dept. of Agriculture, Nos. 79-1336
...16, 85 S.Ct. 792, 801, 13 L.Ed.2d 616 (1965); United States v. Rutherford, 442 U.S. 544, 99 S.Ct. 2470, 61 L.Ed.2d 68 (1979); Kyle v. ICC, 609 F.2d 540, 542 (D.C.Cir.1979). The Secretary of Agriculture determined that the statute referred to current demand at the time of the curtailment, th......
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Karahalios v. DEFENSE LANGUAGE INSTITUTE, ETC., No. C-81-2745 RFP.
...MSPB decisions. See, e.g., Ellis v. Merit Systems Protection Board, 613 F.2d 49 (3d Cir. 1980); Kyle v. Interstate Commerce Commission, 609 F.2d 540 (D.C.Cir.1980); Motley v. Secretary of the United States Department of the Army, 608 F.2d 122 (5th Cir. 1979). The courts have been inclined t......
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Wilder v. Prokop, No. 84-2540
...(7th Cir.1980); Motley v. Secretary of the United States Army, 608 F.2d 122, 123 (5th Cir.1979); Kyle v. Interstate Commerce Commission, 609 F.2d 540, 542 n. 2 (D.C.Cir.1979); In re Christian, 606 F.2d 822, 823 (8th Cir.1979); see also S.Rep. No. 95-969, 95th Cong., 2d Sess. 63, reprinted i......
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Devine v. White, No. 81-1893
...U.S. 1, 16, 85 S.Ct. 792, 801, 13 L.Ed.2d 616 (1965); National Wildlife Fed'n v. Gorsuch, 693 F.2d 156, 170 (D.C.Cir.1982); Kyle v. ICC, 609 F.2d 540, 542-43 (D.C.Cir.1979) (per 60 S.REP. NO. 969, supra note 12, at 64, 1978 U.S.CODE CONG. & AD.NEWS at 2786; see Devine v. Goodstein, 680 F.2d......
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Process Gas Consumers Group v. U.S. Dept. of Agriculture, Nos. 79-1336
...16, 85 S.Ct. 792, 801, 13 L.Ed.2d 616 (1965); United States v. Rutherford, 442 U.S. 544, 99 S.Ct. 2470, 61 L.Ed.2d 68 (1979); Kyle v. ICC, 609 F.2d 540, 542 (D.C.Cir.1979). The Secretary of Agriculture determined that the statute referred to current demand at the time of the curtailment, th......