James Rafferty, Petitioner, v. United States Postal Service, Respondent,andmerit Systems Protection Board, Intervenor, 74 F.3d 1260 (Fed. Cir. 1996)

James Rafferty petitions for review of a final decision of the Merit Systems Protection Board which dismissed his appeal for lack of jurisdiction. Bergon v. United States Postal Serv., 64 M.S.P.R. 228 (1994). We affirm.

Rafferty is a nonpreference eligible employee of the United States Postal Service who was demoted during an agency-wide reorganization. The board found that the reorganization was a reduction-in-force (RIF), and that the agency demoted Rafferty pursuant to that RIF. The board then dismissed his appeal holding that a nonpreference eligible postal employee has no right of appeal from a RIF action.

Rafferty argues that 39 U.S.C. § 1005(a) (4) (A) (1988), gives nonpreference eligible management employees of the Postal Service, such as himself, the right to appeal demotions, and other adverse actions listed in 5 U.S.C. § 7512 (1994), even if the agency acts pursuant to a RIF. His argument fails for the reasons set out in Schall v. United States Postal Service, No. 94-3644, slip op. at 5-6 (Fed. Cir. Jan. 3, 1996).