Andrew Dale Faris v. Merit Systems Protection Board

Whether the Due Process Clause permits a federal agency and the Merit Systems Protection Board to enforce a last-chance agreement as a jurisdiction-stripping waiver of statutory MSPB appeal rights where a preference-eligible veteran, proceeding pro se, executed the purported waiver before receiving any notice that MSPB appeal rights existed, and the agency first provided written notice of those rights only later in the removal decision letter.

Whether a court of appeals may enforce a last-chance agreement as a jurisdiction-stripping waiver of MSPB and judicial-review rights while invoking strict issue-preservation rules to refuse review of a pro se employee's constitutional objection that the waiver was uninformed, thereby leaving the employee with no forum for merits review of a covered removal.

Whether due process permits removal and enforcement of a jurisdiction­ stripping waiver where the predicate AWOL charge is stated in a time increment that does not exist in the Postal Service's own time-conversion framework, and neither the MSPB nor the Federal Circuit made findings reconciling that discrepancy with the governing rules.