Sidney Fischler, Petitioner, v. Department of the Commerce, Respondent, 868 F.2d 1277 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 868 F.2d 1277 (Fed. Cir. 1989) Feb. 13, 1989. Rehearing Denied March 9, 1989

Before BISSELL and ARCHER, Circuit Judges, and EDWARD D. RE, Chief Judge.* 

PER CURIAM.


DECISION

Sidney Fischler appeals the final decision of the Merit Systems Protection Board (Board), Docket No. DC03518710547, affirming his separation from the Department of Commerce by reduction-in-force (RIF) procedures. We have carefully considered Fischler's arguments, but substantial evidence supports the Board's factual determinations that a budget shortage at the National Bureau of Standards' National Voluntary Laboratory Accreditation Program caused the RIF and that the Department of Commerce properly followed the RIF procedures in not offering him the position held by Nora M. Jason. Accordingly, we affirm the Board's decision based on the Administrative Judge's December 30, 1987 opinion.

 *

The Honorable Edward D. Re, Chief Judge, United States Court of International Trade, sitting by designation pursuant to 28 U.S.C. § 293(a) (Supp. IV 1986)

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