George C. Jackson, Petitioner, v. Department of Transportation, Respondent, 892 F.2d 1050 (Fed. Cir. 1990)

DECISION

George C. Jackson (Jackson) appeals from a decision of the Merit Systems Protection Board (board), No. DE07528810241, dismissing the action due to settlement. Jackson has also moved for transfer to a United States District Court. We affirm the board decision and deny the motion to transfer.

OPINION

Jackson has not persuaded us that the board abused its discretion in dismissing the action based on its finding that settlement resulted from neither fraud nor mutual mistake. See Asberry v. United States Postal Serv., 692 F.2d 1378, 1380 (Fed. Cir. 1980).

The board did not review Jackson's demotion on its merits. Hence Jackson's arguments directed to age discrimination and other issues not reviewed by the board are not before us on their merits. Nor is there a basis for remand for board consideration of those issues. The case being settled, there was no longer a case or controversy on those issues, and the board lacked jurisdiction to decide them. See Asberry, 692 F.2d at 1380. We have jurisdiction over the threshold issue of the board's jurisdiction. See Ballentine v. Merit Sys. Protection Bd., 738 F.2d 1244, 1246-47 (Fed. Cir. 1984). Because a district court would lack jurisdiction for the same reason, we deny the motion to transfer.