James H. Curran v. Department of the Treasury

James Curran was removed from his position as a special agent for the United States Customs Service when he refused to comply with an involuntary lateral transfer order. After a hearing before an administrative law judge of the Merit Systems Protection Board (“MSPB”), the agency was ordered to reinstate Curran. However, the MSPB reversed its ALJ’s decision, concluding the agency’s action was based on legitimate management considerations. In reviewing the MSPB decision, we must consider the relationship between the full board and the ALJ and how that relationship affects our substantial evidence determination. See 5 U.S.C. § 7703 (c).

Before the MSPB, it is the agency’s burden to establish that the adverse action “promotefd] the efficiency of the service.” 5 U.S.C. §§ 7701 (c) and 7513(a). This requires proof of a rational nexus between the adverse action taken and the agency’s articulated reason for the action. D.E. v. Dept. of the Navy, MSPB, 707 F.2d 1049, 1050 (9th Cir.1983); see Hoska v. Dept. of Army, 677 F.2d 131, 136-37 (D.C.Cir.1982); Bonet v. Postal Service, 661 F.2d 1071, 1074-75 (5th Cir.1981). Where the removal is based on a refusal to accept reassignment, the MSPB…