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Bodine v. Department of Transportation

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: December 18, 1991.

DONALD BODINE, PETITIONER,
v.
DEPARTMENT OF TRANSPORTATION, RESPONDENT.

Donald Bodine petitions for review of the decision of the Merit Systems Protection Board (Board), Docket No. NY03539110169, dismissing his appeal on the ground that his claim is barred by the doctrine of res judicata.

Before Nies, Chief Judge, Rich and Archer, Circuit Judges.

Per Curiam

DECISION

Donald Bodine petitions for review of the decision of the Merit Systems Protection Board (Board), Docket No. NY03539110169, dismissing his appeal on the ground that his claim is barred by the doctrine of res judicata. We affirm.

Bodine was removed from his position as an air traffic controller for the Federal Aviation Administration for striking against the United States and for unauthorized absence on August 25, 1981. Bodine's removal was sustained by the Board and the Board's decision was affirmed by this court. Bodine v. Department of Transp., 776 F.2d 1059 (Fed. Cir. 1985) (Table). The Administrative Judge determined, in regard to Bodine's present appeal of his removal, that because Bodine "had an opportunity to litigate all relevant matters regarding his status at the time of his prior hearing, I find this appeal to the res judicata."

We agree with the Board. Bodine's claim raises factual and legal arguments that either were brought or should have been brought before the Board in his earlier appeal. Any attempt to relitigate the same claim in a subsequent appeal is barred by the doctrine of res judicata. See Spears v. Merit Sys. Protection Bd., 766 F.2d 520, 523 (Fed. Cir. 1985). While Bodine raises different issues, these issues do not constitute a legally different "claim."

19911218

© 1998 VersusLaw Inc.



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