John C. Rehling, Plaintiff-appellant, v. the United States, Defendant-appellee, 831 F.2d 305 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 831 F.2d 305 (Fed. Cir. 1987) September 9, 1987

Before MARKEY, Chief Judge, and DAVIS and BISSELL, Circuit Judges.

PER CURIAM.


DECISION

The order of the United States Claims Court, 11 Cl. Ct. 334 (1986), denying John C. Rehling's (Rehling's) motion for reconsideration of that court's order, 11 Cl. Ct. 85 (1986), dismissing Rehling's complaint for lack of jurisdiction, is affirmed.

OPINION

Contrary to Rehling's argument, Fausto v. United States, 783 F.2d 1020 (Fed. Cir. 1986), reh'g granted in part, denied in part, 791 F.2d 1554 (Fed. Cir. 1986), cert. granted, 107 S. Ct. 872 (1987), does not control this case. In Fausto, this court held that the Civil Service Reform Act of 1978 (CSRA) did not eliminate the right of nonpreference eligible excepted service employees to obtain judicial review of adverse personnel actions under the Tucker Act. Unlike Joseph Fausto, however, Rehling was a probationary employee. The legislative history of the CSRA shows that Congress intended to preclude probationary employees from obtaining any judicial review of adverse actions, including that previously available under the Tucker Act. See United States v. Connolly, 716 F.2d 882, 886 (Fed. Cir. 1983), cert. denied, 465 U.S. 1065 (1984); Rosano v. United States, 9 Cl. Ct. 137, 142 (1985), aff'd, 800 F.2d 1126 (Fed. Cir. 1986), cert. denied, 107 S. Ct. 1350 (1987); S. Rep. No. 969, 95th Cong., 2d Sess. 45, reprinted in 1978 U.S. Code Cong. & Ad. News 2723, 2767. The Claims Court correctly concluded, therefore, that it lacked jurisdiction in this case.