United States Court of Appeals for the Federal Circuit

8. Did the Board err by failing to consider the Code of Ethics’ relevance to
assess whether termination for unprotected activity serves the efficiency
of the service, when an employee’s actions correct a mistake that
significantly threatens public safety but causes un-quantified
administrative burden?
9. Did the Board err by failing to adequately consider whether a retaliatory
investigation for outside activities protected under 5 USC §2302(b)(10)
and the First Amendment provided the basis for charged misconduct on
which his termination is based?
10. Did the Board err by holding that agency regulations required by
Congress qualify as “law” and cancel protection for public disclosures,
when that interpretation violates all relevant statutory construction rules,
and legislative history without exception or qualifier specified that
regulations are not “law” under 5 USC §2302(b)(8)(A)?
11. Did the Board err by holding that the phrase “detrimental to the safety
of passengers in air transportation” constitutes a “specific” prohibition
on disclosure to cancel protection under §2302(b)(8)(A)?
12. Did the Board err by accepting Agency SSI regulations as sufficiently
“specific” prohibitions to cancel protection under §2302(b)(8)(A), when
they did not address the status of information without restrictive
markings or other controls required by the same regulations?
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