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HOGAN v. DEPARTMENT OF NAVY

No. 99-3225.

218 F.3d 1361 (2000)

Edward E. HOGAN, Petitioner, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

July 11, 2000.

Attorney(s) appearing for the Case

John M. Mooney, Jr., Law Offices of John Mooney, Jr., PLLC, of Jackson, Mississippi, argued for petitioner.

Eric J. Nestor, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. On the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; Bryant G. Snee, Assistant Director; and Leslie C. Ohta, Attorney.

Before MICHEL, LOURIE, and RADER, Circuit Judges.

RADER, Circuit Judge.

The United States Department of the Navy abolished Edward E. Hogan's position as a Maintenance Worker (MW), WG-8, and reassigned him to the position of Electrical Worker (EW), WG-8. When Mr. Hogan contended on appeal that the Navy had constructively demoted him, the Merit Systems Protection Board (Board) dismissed for lack of jurisdiction. See Hogan v. Department of the Navy, 81 M.S.P.R. 252, (1999). Because constructive demotion cannot...

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