Santos P. Canonizado, Petitioner, v. Office of Personnel Management, Respondent, 847 F.2d 841 (Fed. Cir. 1988)

DECISION

The decision of the Merit Systems Protection Board (MSPB), No. SE08318710183, dismissing for lack of jurisdiction that part of Santos P. Canonizado's appeal involving 5 U.S.C. § 8345(f)'s guaranteed minimum pay provisions, and dismissing all other issues on res judicata grounds, is affirmed.

OPINION

The MSPB correctly dismissed for lack of jurisdiction that part of the present appeal involving 5 U.S.C. § 8345(f). OPM has not yet issued a final or reconsideration decision on that issue. See 5 C.F.R. Sec. 831.110 (1987); Lawrence v. Department of the Army, 9 M.S.P.R. 419 (1982). As noted by Administrative Judge Teather, Canonizado may elect to appeal when a final decision issues.

The MSPB also correctly dismissed the remainder of the appeal, which is composed of issues settled in Canonizado's previous appeal No. SE831M8610271 (Sept. 25, 1986). See Kremer v. Chemical Const. Corp., 456 U.S. 461, 467 n. 6 (1982); Spears v. Merit Sys. Protection Bd., 766 F.2d 520, 523 (Fed. Cir. 1985).