U.S. Office of Personnel Management www.opm.gov - Recruiting, Retaining and Honoring a World-Class Workforce to Serve the American People

Compendium of Significant Decisions
Involving Performance-Based Actions
(1984-1988)

This description of decisions of the U.S. Merit Systems Protection Board and the U.S. Court of Appeals for the Federal Circuit is designed to make the reader aware of rulings issued between 1984 and 1988 related to performance-based actions. OPM does not always agree with the Board and Court's interpretation of the law and inclusion of these decisions does not connote OPM agreement. Further, there is no substitute for an agency researching and carefully analyzing decisions in addition to applicable statutes and regulations, especially because case law is always evolving and in a continual state of flux.

Contents

Critical Elements and Performance Standards

• Byrd v. Army
• Mouser v. HHS
• Jimenez-Howe v. Labor
• Callaway v. Army
• Shuman v. Treasury
• Seay v. HHS
• James v. VA
• Komara v. VA
• Stubblefield v. Commerce
• Wilson v. HHS
• Baker v. DLA
• Williams v. Treasury
• Eibel v. Navy

Opportunity Period

• Wilson v. Navy
• Shuman v. Treasury

Evidence of Unacceptable Performance

• Shuman v. Treasury
• Player v. VA