Erice Maurice Kency v. Merit Systems Protection Board

1 QUESTIONED PRESENTED Under Veterans Employment Opportunities Act of 1998 (VEOA), 5 U.S.C. 3330a, Congress established procedures for redress of alleged viola­ tions of veterans' reemployment rights. Preferenceeligible veterans contending that their rights have been violated in either a hiring setting would be directed to file a complaint with DOL. If the Secre­ tary of Labor is unable to resolve a complaint under subsection (a) within 60 days after the date on which it is filed, the aggrieved veteran may elect to appeal the alleged violation to the Merit Systems Protection Board (MSPB) in accordance with such procedures as the Merit Systems Protection Board shall prescribe, except that in no event may any such appeal be brought... (A) before the 61st day after the date on which the complaint is filed; or (B) later than 15 days after the date on which the complainant receives written notification from the Secretary under subsection (c)(2) 1. The question presented is whether Congress intended for VEOA, 5 U.S.C. 3330a(d)(l)(B) “except that in no event, may any such appeal be brought— later than 15 days after the date on which the complainant receives written notification” to mean that the time period is not mandatory and veterans are authorized a procedural right to file an appeal after 15 days with the MSPB after receiving written decision from the Secretary of Labor.