Rosie M. Rupp, Petitioner, v. Department of Health and Human Services, Respondent, 991 F.2d 810 (Fed. Cir. 1993)

Rosie M. Rupp seeks review of the November 26, 1991 decision of the Merit Systems Protection Board, Docket No. HQ71219110004, declining to review the arbitrator's decision upholding the Social Security Administration's denial of her within-grade salary increase and removal from her position as a claims representative. We affirm.

Rupp was denied a within-grade increase because she did not meet minimum performance standards defined by two critical elements of her Generic Job Tasks (GJTs). To receive a within-grade increase, her performance had to be "fully satisfactory." Rupp was later dismissed from her position because her competence level on these two GJTs did not improve. On each of the several challenges to these actions, the arbitrator found that the agency complied with applicable law and the actions were supported by the facts. The board refused to set aside or modify the arbitrator's decision. After reviewing all of Rupp's arguments, we conclude that the board's decision was not arbitrary or capricious, was supported by substantial evidence, and was in accordance with applicable provisions of the law. See 5 U.S.C. § 7703(c) (1988).