White House Delays Vaccine Mandate Disciplinary Actions While the Pentagon Doubles Down
This week, the Biden administration delayed suspensions and firings for federal employees until 2022 despite 97 percent compliance with the mandate.
Alternately, Defense Secretary Lloyd Austin announced the Department of Defense (DOD) will not pay National Guard members who refuse to receive to comply with the federal vaccine mandate.
Third Circuit: Federal Civilian Dual Status Technicians Not Covered under the Uniformed Services Exception to Reduced Social Security Benefits
Floyd Douglas Newton worked as a National Guard dual status technician from 1980 until 2013. A dual status military technician is a federal civilian position supporting the Selected Reserve or armed forces. Though civilians, dual status technicians are required to maintain National Guard membership, hold a particular military grade, and wear appropriate military uniform, among other requirements.
Federal Circuit: No MSPB Jurisdiction for Termination for Failure to Maintain National Guard Membership
A dual-status military technician, whose position was partially civilian and partially military, appealed his termination for failing to maintain membership in the National Guard, a prerequisite to his dual-status appointment under 32 U.S.C. § 709(b), to the Merit Systems Protection Board. The MSPB took jurisdiction and heard the case on the merits, ultimately affirming the termination. The employee petitioned the United States Court of Appeals for the Federal Circuit for review. On August 21, 2020, the appeals court vacated the MSPB decision, finding that the Board did not have jurisdiction to hear the appeal in the first place.