Thomas v. Mounce, Petitioner, v. the Department of the Air Force, Respondent, 847 F.2d 842 (Fed. Cir. 1988)

DECISION

The decision of the Merit Systems Protection Board (board), Thomas V. Mounce v. Department of the Air Force, Docket No. SE03518510261-1, declining to review a decision that dismissed his petition for appeal for lack of jurisdiction, is affirmed.

OPINION

Mr. Mounce argues that the board improperly determined that it lacked jurisdiction over his appeal. For the board to exercise jurisdiction over agency action taken pursuant to a reduction-in-force (RIF), it must be demonstrated that the employee was subject to a furlough of more than thirty (30) days, suffered a separation, or was demoted as a result of the RIF. 5 C.F.R. Sec. 351.901 (1985). A careful review of the record supports the board's conclusion that none of these events occurred.

Mr. Mounce never experienced a break in service or a demotion in grade, nor was he separated or demoted as a result of the RIF. Additionally, Mr. Mounce was not the subject of a furlough that lasted in excess of thirty (30) days. Since the agency's RIF action did not give rise to any appeal rights, the board correctly found that it lacked jurisdiction over his appeal. Accordingly, the full board properly denied Mr. Mounce's petition for review of the administrative law judge's decision.