Lloyd B. Scott, Petitioner, v. United States Postal Service, Respondent, 861 F.2d 728 (Fed. Cir. 1988)

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U.S. Court of Appeals for the Federal Circuit - 861 F.2d 728 (Fed. Cir. 1988) Sept. 15, 1988

Before FRIEDMAN, Circuit Judge, NICHOLS, Senior Circuit Judge, and MAYER, Circuit Judge.


Petitioner Lloyd B. Scott appeals from the May 10, 1988, decision order of the Merit Systems Protection Board (MSPB) denying his petition for review of the board's initial decision in docket No. CH07528810148, in which an administrative judge denied the appeal as untimely. Scott had previously exercised his right to refer his case to arbitration, and delayed his MSPB appeal awaiting the result of the arbitration. His theory is, in effect, that the board reviews the arbitrator's decision on the removal, not the removal itself. We affirm on the basis of the board's opinion.