DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by John Sujat (“Sujat”) against the Architect of the Capitol (“AOC”). Sujat seeks review of the Hearing Officer’s August 7, 2014 Order which granted the AOC’s motion for summary judgment on Sujat’s Veterans’ Employment Opportunities Act (“VEOA”) claim.
Upon due consideration of the Hearing Officer’s Order, the parties’ briefs and filings, and the record in these proceedings, the Board affirms the Hearing Officer’s finding of summary judgment in favor of the AOC.
I. Background
Construction Representative Position
Sujat alleges that he is a Vietnam War Veteran and has over 32 years of government service. He maintains that he has supervised engineers, construction representatives, real estate personnel, and other professionals throughout his career. According to Sujat, he has taken over four years of college-level classes. 1
On January 15, 2013, the AOC posted a vacancy announcement for a GS-13 construction representative position. The vacancy announcement indicated that the successful candidate would be “the primary representative in charge of major building renewal and improvement projects, expected duration of 13 years, involving planning, design, pre-construction, construction, and close-out.”
The vacancy announcement was for one position, was temporary (not to exceed five years), and was non-restricted, which meant that all individuals including veteran, non-veteran, AOC, and non-AOC individuals could apply for the position. The AOC sought to fill the position through an on-line application system known as AVUE Digital Services. The vacancy announcement also stated:
“Welcome Veterans – The Veterans Employment Opportunities Act of 1998 (VEOA) gives veterans’ preference rights in the legislative branch to certain veterans as applied by the Congressional Accountability Act. Veterans’ preference is applied on this vacancy announcement. If you are a veteran and have been separated under honorable conditions, you must submit a copy of your Certificate of Release or Discharge from Active Duty (DD-214), or other proof of eligibility: Application for 10-Point Veterans’ Preference (SF-15), if applicable and Department of Veterans Affairs documentation of disability, if applicable.”
