Michael E. Strange, Petitioner, v. United States Postal Service, Respondent, 847 F.2d 842 (Fed. Cir. 1988)

DECISION

The decision of the Merit Systems Protection Board (MSPB or board), Docket No. CHO7528710268, dismissing petitioner's appeal for untimeliness is affirmed.

OPINION

While the MSPB regulations provide for waiver of the time limit on appeals for good cause shown, 5 C.F.R. Sec. 1201.12 (1987), we have held that this is a matter committed to the MSPB's discretion and that we will not substitute our judgment for that of the board. Rowe v. Merit Systems Protection Board, 802 F.2d 434, 437 (Fed. Cir. 1986); Phillips v. United States Postal Service, 695 F.2d 1389, 1390-91 (Fed. Cir. 1982). Thus, this court will not reverse the MSPB's decision as to whether good cause exists unless it is arbitrary or capricious or an abuse of discretion. Bacashihua v. Merit Systems Protection Board, 811 F.2d 1498, 1500 (Fed. Cir. 1987); Hopkins v. Merit Systems Protection Board, 725 F.2d 1368, 1371 (Fed. Cir. 1984).

The board's decision is not arbitrary, capricious, an abuse of discretion, obtained without procedures required by law, rule or regulation, or otherwise not in accordance with law. 5 U.S.C. 7701(c); see Hayes v. Department of the Navy, 727 F.2d 1535, 1537 (Fed. Cir. 1984). Accordingly, we affirm on the basis of the initial decision of the Administrative Judge dated June 12, 1987.