Federal Manager's Daily Report

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.