The Merit Systems Protection Board has dismissed a former
Department of Transportation worker’s petition for review
of a removal decision, finding she did not show good cause
for missing the filing deadline.
She appellant filed a petition presenting as new evidence
the Bachelor of Science degree she had been pursuing prior
to her dismissal, arguing that the administrative judge
had not considered her educational pursuits in upholding
her removal.
The board found she did not have good cause for the delay
in her appeal and that the degree is immaterial because she
was dismissed in the first place for poor performance.
In order for evidence to be considered as new, she had to
demonstrate that the information in the document, not just
the document itself, was unavailable despite due diligence
prior to the cutoff date for filing a petition — more than
two years before she filed this one.
To determine if the appellant had “good cause,” the board
considered the length of the delay, the appellant’s
explanation, and evidence that providing the information
on time was beyond her control. But the board found she
could have filed a petition on time.
