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
(1988-2001)
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 1988 and 2001 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
Burden of Proof
- Carter v. Small Business Administration
- Purcell v. Agriculture
- Stenmark v. Transportation
- Griggs v. Army
- Cohen v. General Services Administration
- Bowling v. Army
- Addison v. Health and Human Services
- Hollins v. Treasury
- Sullivan v. Navy
- Brown v. Veterans Administration and OPM
- Wright v. Transportation
- Atamantyk v. Defense
OPM Plan Approval
Communication of Standards
- Smallwood v. Navy
- Kadlec v. Army
- Parham v. Navy
- Golden v. Army
- O'Hearn v. General Services Administration
- Seplavy v. Veterans Administration
Performance Standards - Objectivity and Reasonableness
- Hober v. Army
- Jensen v. Agriculture
- Satlin v. Veterans Affairs
- Smith v. Veterans Affairs
- Hurd v. Interior
- Clifford v. Agriculture
- Smith v. Energy
- Sherrell v. Air Force
- O'Neal v. Army
- Melnick v. HUD
- Bronfman v. General Services Administration
Performance Standards - Absolute
Performance Standards - Backwards
- Dancy v. Navy
- Burnett v. Health and Human Services
- Rupp v. Health and Human Services
- Burroughs v. Health and Human Services
- Ortiz v. Justice
Opportunity to Demonstrate Acceptable Performance
- Goodwin v. Air Force
- Gjersvold v. Treasury
- Corbett v. Air Force
- Betters v. FEMA
- Woytak v. Army
- Gormley v. Navy
- Luscri v. Army
- Adorador v. Air Force
Procedural Error
Chapter 75 Performance-Based Actions
- Shorey v. Army
- Ware v. Veterans Affairs
- Harriss v. Navy
- Cowins v. Veterans Affairs
- McGillivray v. FEMA
- Hilton-Boy v. Health and Human Services
- Madison v. Defense Logistics Agency
- Graham v. Air Force
- Pawlak v. Transportation
- Giltner v. Air Force
- Berube v. General Services Administration
"Up or Out" Training
This page can be found on the web at the following url: http://www.opm.gov/er/perform/poor/1988TOC.asp
U.S. Office of Personnel Management 1900 E Street, NW, Washington, DC 20415 | (202) 606-1800 | TTY (202) 606-2532