William W. Thompson, Petitioner, v. Department of Transportation, Respondent, 838 F.2d 1223 (Fed. Cir. 1988)

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US Court of Appeals for the Federal Circuit - 838 F.2d 1223 (Fed. Cir. 1988) Jan. 25, 1988

Before NIES, Circuit Judge, NICHOLS, Senior Circuit Judge, and MAYER, Circuit Judge.

PER CURIAM.


DECISION

The decision of the Merit Systems Protection Board, Docket No. DA04328610597, is affirmed.

OPINION

Thompson's only argument is that the tower chief was unaware that reassignment was an available alternative to removal. He asks the court to order remand to the Department for consideration of whether he should be reassigned instead of removed. But even if he was eligible for consideration under this option, which is by no means clear, and the tower chief had been aware of it, the tower chief testified he would not have reassigned Thompson because his errors were so basic. So, if it was error not to have considered reassignment, it was harmless because it would have made no difference to the outcome.

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