Einboden v. Dep’t of the Navy

The Department of the Navy furloughed Einboden, a civilian employee for six days in 2013 as part of budget cuts made pursuant to sequestration legislation, 2 U.S.C. 901a. Einboden argued that his position was not subject to the cuts because money saved by the furlough could have been transferred from the Navy working capital fund to other activities with appropriate notice to the congressional defense committees. An AJ and the Merit Systems Protection Board upheld the decision, finding that the furlough was a “reasonable management solution to the financial issues facing the agency,” that notice of proposed furlough was not procedurally deficient, and that “although [Einboden’s work group] may have had adequate funding to avoid a furlough . . . , it was reasonable for DOD to consider its budget holistically, rather than isolating the situation of each individual Navy.” The Federal Circuit affirmed, rejecting Einboden’s contention that the Navy should be required to show actual re-programming of the funds saved by his furlough. View "Einboden v. Dep't of the Navy" on Justia Law