[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Page 73691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30659]


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MERIT SYSTEMS PROTECTION BOARD


Oral Argument

AGENCY: Merit Systems Protection Board.

ACTION: Notice.

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SUMMARY: Notice is hereby given of the scheduling of oral argument in 
the matters of: James C. Latham v. U.S. Postal Service, MSPB Docket 
Number DA-0353-10-0408-I-1; Ruby N. Turner v. U.S. Postal Service, MSPB 
Docket Number SF-0353-10-0329-I-1; Arleather Reaves v. U.S. Postal 
Service, MSPB Docket Number CH-0353-10-0823-I-1; Cynthia E. Lundy v. 
U.S. Postal Service; MSPB Docket Number AT-0353-11-0369-I-1; and 
Marcella Albright v. U.S. Postal Service, MSPB Docket Number DC-0752-
11-0196-I-1.
    Date and Time: Tuesday, December 13, 2011, at 10 a.m.
    Place: The United States Court of Appeals for the Federal Circuit, 
Room 201, 717 Madison Place, NW., Washington DC.
    Status: Open.

FOR FURTHER INFORMATION CONTACT: Matthew Shannon, Merit Systems 
Protection Board, Office of the Clerk of the Board, 1615 M Street NW., 
Washington, DC 20419; (202) 254-4477 or (202) 653-7200; [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to 5 CFR 1201.117(a)(2), the Merit 
Systems Protection Board (``MSPB'' or ``Board'') will hear oral 
argument in the matters of James C. Latham v. U.S. Postal Service, MSPB 
Docket Number DA-0353-10-0408-I-1; Ruby N. Turner v. U.S. Postal 
Service; MSPB Docket Number SF-0353-10-0329-I-1; Arleather Reaves v. 
U.S. Postal Service, MSPB Docket Number CH-0353-10-0823-I-1; Cynthia E. 
Lundy v. U.S. Postal Service; MSPB Docket Number AT-0353-11-0369-I-1; 
and Marcella Albright v. U.S. Postal Service, MSPB Docket Number DC-
0752-11-0196-I-1. Latham, et al. raise the following legal issues: (1) 
May a denial of restoration be ``arbitrary and capricious'' within the 
meaning of 5 CFR 353.304(c) solely for being in violation of the 
agency's own internal rules; and (2) what is the extent of the agency's 
restoration obligation under its own internal rules, i.e., under what 
circumstances do the agency's rules require it to offer a given task to 
a given partially recovered employee as modified work? The Board 
requested and received an advisory opinion from the Office of Personnel 
Management (OPM) in this matter, see 5 U.S.C. 1204(e)(1)(A), and the 
Board invited amicus curiae to submit briefs. See 76 FR 44373, July 25, 
2011. The Board also has invited OPM and the amici curiae to present 
oral argument along with the parties. The briefs submitted by the 
parties, OPM, and the amici curiae are available for viewing on MSPB's 
Web site at http://www.mspb.gov/oralarguments/. A recording of the oral 
argument will also be made available on the Web site. The public is 
welcome to attend this hearing for the sole purpose of observation. 
Persons with disabilities who require reasonable accommodation to 
participate in this event should direct the request to MSPB's Director 
of Equal Employment Opportunity at (202) 254-4405 and V/TDD users 
should call via relay. All requests should be made at least one week in 
advance.

William D. Spencer,
Clerk of the Board.
[FR Doc. 2011-30659 Filed 11-28-11; 8:45 am]
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