Charles H. Lyle, Petitioner, v. Department of the Air Force, Respondent, 884 F.2d 1399 (Fed. Cir. 1989)

DECISION

Charles H. Lyle (petitioner) appeals the final decision of the Merit Systems Protection Board (board), Docket No. DA07528810248, sustaining the Department of Air Force's decision to reduce Mr. Lyle's grade and pay. We affirm.

OPINION

After reviewing all of petitioner's arguments, this court affirms the decision of the board because we have not found this decision to be:

(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(2) obtained without procedures required by law, rule or regulation having been followed, or

(3) unsupported by substantial evidence.

5 U.S.C. § 7703(c) (1982); See Hayes v. Department of Navy, 727 F.2d 1535, 1537 (Fed. Cir. 1984).

We have considered Mr. Lyle's argument concerning his alleged lack of knowledge of the conflict of interest determination letter regarding Ms. Phillips, and have found such argument to be unpersuasive. The board's finding that Mr. Lyle was aware of the relevant conflict of interest regulation and that he knew of the conflict of interest created by Ms. Phillips' employment with the contractor are supported by substantial evidence.

We have also considered Mr. Lyle's arguments regarding the offensive language and insubordination charges and have found them to be unpersuasive. The board's finding that Mr. Lyle used offensive language and was insubordinate is based on substantial evidence.