COSTELLO v. MERIT SYSTEMS PROTECTION BD.

No. 97-3410.

182 F.3d 1372 (1999)

Michael J. COSTELLO, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and Office of Special Counsel, Intervenor.

United States Court of Appeals, Federal Circuit.

July 16, 1999.


Attorney(s) appearing for the Case

Peter B. Broida, Arlington, Virginia, argued, for the petitioner.

Todd M. Hughes, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, argued, for the respondent. With him on the brief were David M. Cohen, Director, and Kirk T. Manhardt, Assistant Director. Of counsel on the brief were Elaine Kaplan, Special Counsel, William E. Reukauf, Bruce D. Fong, and Joseph E. Siegelman, Attorneys, U.S. Office of Special Counsel, Washington, DC.

Stephanie M. Conley, Attorney, Office of the General Counsel, Merit Systems Protection Board, Washington, DC, argued, for the intervenor. With her on the brief were Mary L. Jennings, General Counsel and Martha B. Schneider, Assistant General Counsel.

Before PLAGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

This appeal challenges the decision of the Merit Systems Protection Board (Board) that the appellant Michael Costello violated the Whistleblower Protection Act by transferring a subordinate employee (and refusing to transfer him to a location he preferred) in retaliation for the employee's disclosure of his supervisor's misconduct. We reverse.

I

The underlying facts are largely undisputed. The following statement is...

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