Unpublished Dispositionmichael A. Young, Petitioner, v. Department of Transportation, Federal Aviationadministration, Respondent, 824 F.2d 979 (Fed. Cir. 1987)

Annotate this Case
U.S. Court of Appeals for the Federal Circuit - 824 F.2d 979 (Fed. Cir. 1987) June 8, 1987

Before RICH and DAVIS, Circuit Judges, and NICHOLS, Senior Circuit Judge.

PER CURIAM.


DECISION

The decision of the Merit Systems Protection Board, affirming the petitioner's removal by the Federal Aviation Administration, Department of Transportation, is affirmed.

OPINION

We have carefully considered the arguments of petitioner, and hold that he has failed to rebut the prima facie case of striking made out by the government. Petitioner's claim that his absence was due to his "inference" that he already had been removed was properly found not credible. Petitioner provides no other basis for us to overturn the presiding official's credibility determination.

This appeal otherwise raises no issue not resolved in, and presents no fact pattern which differs significantly from that in Adams v. Department of Transportation, FAA, 735 F.2d 488 (Fed. Cir.), cert. denied, 469 U.S. 1018 (1984); and Schapansky v. Department of Transportation, FAA, 735 F.2d 477 (Fed. Cir.), cert. denied, 469 U.S. 1018 (1984).

The decision appealed from was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, was not obtained without procedures required by law, rule, or regulation having been followed, and was supported by substantial evidence. 5 USC 7703(c) (1982); see Hayes v. Department of the Navy, 727 F.2d 1535, 1537 (Fed. Cir. 1984).