J. Harold Kadlec, Petitioner, v. Department of the Army, Respondent, 937 F.2d 623 (Fed. Cir. 1991)

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U.S. Court of Appeals for the Federal Circuit - 937 F.2d 623 (Fed. Cir. 1991) June 12, 1991

Before MAYER, Circuit Judge, COWEN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.



The final decision of the Merit Systems Protection Board in Docket No. DC07529010412 dismissing J. Harold Kadlec's petition for lack of jurisdiction is affirmed.


Substantial evidence supports the board's determination that there was no adverse action against Kadlec because the unsatisfactory performance appraisals and allegedly imperfect management activities preceding his resignation were not coercive. See 5 U.S.C. § 7703(c) (1988). His supervisors' attempts to counsel Kadlec about improving his work were ordinary management activities intended to give him the opportunity to bring his performance up to the expected standard, not harassment. A resignation is presumed voluntary, Cruz v. Department of the Navy, --- F.2d ----, ---- (Fed. Cir. 1991), and Kadlec's assertions are insufficient to rebut the presumption. Because the board's jurisdiction is limited to cases involving an adverse agency action, see 5 U.S.C. § 7512 (1990), and does not extend to an action taken voluntarily by an employee, 5 C.F.R. Sec. 752.401(b) (9) (1991), the board correctly concluded that it lacked jurisdiction.