DECISION
The final decision of the Board in this matter was issued on November 20, 2002. On February 14, 2003 the Architect filed a notice for a petition for review of this Board’s final decision. On February 19, 2003, during a meeting with the Executive Director of this Office, the respondent Office of the Architect of the Capitol (“Architect”) made an oral “motion” to stay the final decision. On February 21, 2003 the Architect submitted a written “Motion for Stay of Remedies Pending Appeal” together with a supporting Memorandum. On February 26, 2003 complainant Juanita Johnson (“Johnson”) filed an “Opposition to Motion for Stay” together with a supporting Memorandum. The Architect was given an opportunity to file a reply to Johnson’s Opposition, but elected not to do so.
The November 20 final decision in this matter requires the Architect to assign Johnson “permanently” to the position of Subway Operator, and requires the payment from the United States Treasury of certain monies to Johnson and to her attorneys as back pay, compensatory damages, interest, and attorney’s fees. Such monetary payments to satisfy “awards and settlements” issued or approved by the Office are authorized by section 415(a) of the Congressional Accountability Act of 1995 (“the Act”, 2 U.S.C. 1415(a).)
This Board may, “in its discretion, stay[] the final decision of the Office during the pendency of an appeal . . .” to the United States Court of Appeals for the Federal Circuit. (See Rule 8.03(a).)
The Board has reviewed the submissions of the parties, and DENIES the Architect’s motion for a stay for the following reasons.
The Board does not agree that the Architect is likely to prevail on the merits of its appeal to the Federal Circuit. In addition, the character of the “injury” suffered by the Architect by reason of the denial of a stay is neither irreparable nor substantial.
