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BRILEY v. NATIONAL ARCHIVES & RECORDS ADMIN.

No. 99-3413.

236 F.3d 1373 (2001)

Carol BRILEY, Petitioner, v. NATIONAL ARCHIVES & RECORDS ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

Decided January 22, 2001.

Attorney(s) appearing for the Case

Karen K. Howard, The Law Offices of Karen K. Howard, P.C., of Kansas City, Missouri, argued for petitioner.

John C. Einstman, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. On the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; Harold D. Lester, Jr., Assistant Director; and Katherine A. Barski, Attorney. Of counsel on the brief was Amy E. Krupsky, Attorney, Office of General Counsel, National Archives & Records Administration, of College Park, Maryland.

Before NEWMAN, LINN, and DYK, Circuit Judges.

DYK, Circuit Judge.

Petitioner Carol Briley is an Archivist, GS-11, at the National Archives and Records Administration's ("agency's") Harry S. Truman Library ("Library") in Independence, Missouri. She claims that the agency declined to upgrade her position and that her duties were improperly reduced in retaliation for engaging in protected whistleblowing activities. The Merit Systems Protection Board ("Board") rejected Briley's claim, finding that Briley had failed...

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