From Casetext: Smarter Legal Research

Frazier v. United States Postal Service

United States Court of Appeals, Federal Circuit
Feb 7, 1986
790 F.2d 873 (Fed. Cir. 1986)

Opinion

Appeal No. 86-661.

February 7, 1986.

This opinion was originally handed down as an unpublished opinion and is now, on respondent's motion, published without change and under the same date.

Kenneth E. Frazier, pro se.

Howard Lipper, Dept. of Justice, Washington, D.C., for respondent.

Appeal from the Merit Systems Protection Board.

Before RICH, NEWMAN, and ARCHER, Circuit Judges.



DECISION

The September 23, 1985, final decision of the Merit Systems Protection Board (board), No. NY075282C9014, determining that the board did not have the authority to assess interest against the United States Postal Service on back pay already awarded by the board as a result of petitioner's earlier successful appeal is affirmed on the basis of the initial "Addendum Decision" of James Cardinal, Regional Director of the board, dated August 19, 1985.

OPINION

The board properly held that interest may be assessed against the federal government only under an express statutory or contractual authority. United States v. Thayer-West Point Hotel Co., 329 U.S. 585, 588, 67 S.Ct. 398, 399-400, 91 L.Ed. 521 (1947); see also United States v. Testan, 424 U.S. 392, 399, 96 S.Ct. 948, 953-54, 47 L.Ed.2d 114 (1976). There is no statute or contract which gives the board authority to award interest in this back pay case.

Accordingly, we affirm because we do not find the board's decision to be arbitrary, capricious, an abuse of discretion, obtained without proper procedures having been followed, unsupported by substantial evidence, or otherwise not in accordance with law.

AFFIRMED.


Summaries of

Frazier v. United States Postal Service

United States Court of Appeals, Federal Circuit
Feb 7, 1986
790 F.2d 873 (Fed. Cir. 1986)
Case details for

Frazier v. United States Postal Service

Case Details

Full title:KENNETH E. FRAZIER, PETITIONER v. UNITED STATES POSTAL SERVICE, RESPONDENT

Court:United States Court of Appeals, Federal Circuit

Date published: Feb 7, 1986

Citations

790 F.2d 873 (Fed. Cir. 1986)

Citing Cases

Naekel v. Department of Transp., F.A.A

The board correctly held that it had no authority to award interest on back pay. Naekel, 32 M.S.P.R. at 494.…

Loeffler v. Tisch

Nagy v. United States Postal Service, supra. Cf. Hall v. Bolger, 768 F.2d 1148 (9th Cir. 1985) (post-judgment…