Unpublished Dispositionsilvino S. Alturas, Petitioner, v. Office of Personnel Management, Respondent, 829 F.2d 42 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 829 F.2d 42 (Fed. Cir. 1987) Aug. 6, 1987

Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge.



The decision of the Merit Systems Protection Board (board), Docket No. SE08318610191, dismissing Silvino S. Alturas' (Alturas') claim for unpaid wages, and sustaining Office of Personnel Management's (OPM's) reconsideration decision denying Alturas' application for a Civil Service Retirement annuity, is affirmed.


The board correctly determined that it did not have jurisdiction to consider Alturas' claim for unpaid wages for work performed during World War II. The board has jurisdiction only over those areas specifically granted to it by statute or regulation. Cowan v. United States, 710 F.2d 803, 805 (Fed. Cir. 1983); 5 U.S.C. § 7701(a). The actions over which the board has jurisdiction, listed in 5 C.F.R. Sec. 1201.3(a), do not include unpaid-wage claims such as Alturas'.

To the extent that Alturas raises issues relating to the denial of his application for a Civil Service Retirement annuity, we affirm on the basis of the board's opinion because we do not find the decision arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or obtained without procedures required by law, rule, or regulation having been followed, or unsupported by substantial evidence. Cheeseman v. Office of Personnel Management, 791 F.2d 138, 140 (Fed. Cir. 1986); 5 U.S.C. § 7703(c) (1982).