Unpublished Dispositionroger W. Bitley, Petitioner, v. United States Postal Service, Respondent, 824 F.2d 980 (Fed.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 12, 1987

Before FRIEDMAN, NEWMAN and BISSELL, Circuit Judges.



We affirm the final decision of the Merit Systems Protection Board (Board), Docket No. AT07528610382, dismissing Bitley's petition because it was untimely filed.


Under 5 C.F.R. Secs. 1201.12, 1201.56(a) (2) and 1201.113(d) (1986) the Board has the discretion to waive the time limits during which Bitley could file his petition. Upon reviewing the record, the Board determined that he had not presented justifiable reasons for waiving the filing requirement. See Phillips v. United States Postal Service, 695 F.2d 1389, 1390-91 (Fed. Cir. 1982). Our standard of review of such decisions is limited to determining whether the Board's decision was arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence, or otherwise not in accordance with the law. 5 U.S.C. § 7703(c) (1982). Bitley has failed to demonstrate any reversible error in the Board's decision.

As part of his appeal Bitley requested this court to make remuneration to the plaintiff in the areas of back pay, reinstatement of annual and sick leave and reinstatement to the position he occupied at the time of his removal. Bitley's motion is denied.