Unpublished Dispositionwilliam K. Joyner, Petitioner, v. Merit Systems Protection Board, Respondent, 824 F.2d 980 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 824 F.2d 980 (Fed. Cir. 1987) June 24, 1987

Before MARKEY, Chief Judge, and COWEN and BALDWIN, Senior Circuit Judges.

BALDWIN, Senior Circuit Judge.


DECISION

William K. Joyner (petitioner), a probationary employee, appeals from the decision of the Merit Systems Protection Board (board), Docket No. BN315H8610117, dismissing his appeal for lack of jurisdiction. We affirm on the basis of that decision.

OPINION

The burden is upon petitioner to demonstrate the board's jurisdiction over this matter. The board's decision that petitioner failed to sustain his burden has not been shown to lack compliance with the applicable statutes and regulations, or to lack a rational basis supported by the evidence taken from the record as a whole. Hayes v. Department of the Navy, 727 F.2d 1535, 1537 (Fed. Cir. 1984).