Cobert v. Miller, No. 14-3101 (Fed. Cir. 2015)
Annotate this CaseIn 2008 Miller was appointed by the Department of the Interior, National Park Service, as Park Superintendent, GS-13, for Sitka National Historical Park (SNHP). In 2010, Miller was removed from her position after she refused a management-directed reassignment to a different position at the same grade and pay in Anchorage, Alaska. The Merit Systems Protection Board sustained the removal action, but later vacated the Initial Decision, reversed Miller’s removal, and ordered Miller’s reinstatement to her position as Park Superintendent. The Office of Personnel Management sought review. The Federal Circuit reversed. Substantial evidence supported the Initial Decision that the agency established, by a preponderance of the evidence, that it had legitimate management reasons for Miller’s reassignment; and that Miller failed to rebut the agency’s prima facie case.
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