Of Counsel, Fitzgerald v. Dept. of Agriculture, 97 M.S.P.R. 181
Jan 01, 2004OUTCOME: Reversed, remanded for decision on merits.
(Sep. 1, 2004)(Petition for Review granted, initial decision reversed and case remanded for adjudication on the merits); the Fitzgerald case was cited as support for the position of the National Treasu ... ry Employees Union (NTEU) in Garcetti v. Ceballos, No. 04-473, Supreme of the of the United States, 2005 U.S. S. Ct. Briefs LEXIS 461 (July 22, 2005)(Elaine D. Kaplan, Senior Deputy Counsel, briefing); it has also been cited in the United States Code, 5 U.S.C.S. § 2302 (“Appellant established jurisdiction of IRA appeal with nonfrivolous allegations of protected disclosures and that they were contributing factor in agency's termination decision; appellant alleged in report to Congress that agency officials violated laws which rose to level of gross waste and mismanagement and resulted in serious and unnecessary risks to public health and safety, Fitzgerald v. Dep’t of Agric. (2004, MSPB) 97 MSPR 181.”);
