Patrick M. Johns, Petitioner, v. Department of the Interior, 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) Jan. 9, 1989

Before MARKEY, Chief Judge, BALDWIN, Senior Circuit Judge, and NIES, Circuit Judge.

PER CURIAM.


DECISION

Patrick M. Johns appeals from decision of the Merit Systems Protection Board (board), Docket No. DE07528710396, affirming his removal from the Department of the Interior (Interior). We affirm.

OPINION

In light of the substantial evidence supporting the board's findings that Johns made threats of serious bodily harm to co-workers and to a member of the public, and that these threats instilled fear and disrupted the efficiency of the workplace, his discharge promotes the efficiency of the service and was reasonable. See Metz v. Department of Treasury, 780 F.2d 1001, 1002 (Fed. Cir. 1986); Thomas v. General Servs. Admin., 794 F.2d 661, 665 (Fed. Cir. 1986). John's reargument of the facts found by the board fails to establish an absence of substantial evidence supporting the board's decision. 5 U.S.C. § 7703(c) (1982); Griessenauer v. Department of Energy, 754 F.2d 361, 364 (Fed. Cir. 1985). Similarly, Johns's contention that he was not advised of the possibility of union representation in a meeting with his supervisors questioning his behavior was not raised before the board and will not be heard for the first time on appeal. James v. Federal Energy Regulatory Comm'n, 755 F.2d 154, 155-56 (Fed. Cir. 1985).

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