Russell Gadsen, Petitioner, v. Department of the Army, Respondent, 878 F.2d 1446 (Fed. Cir. 1989)

DECISION

The decision of the Merit Systems Protection Board, Docket No. NY315H8810540, dismissing Russell Gadsen's complaint for lack of jurisdiction, is affirmed on the basis of the opinion of the administrative judge.

OPINION

Although not raised at the administrative level, Gadsen here argues that jurisdiction is proper because his removal was the result of religious discrimination. This argument fails for two reasons. First, a matter not raised before the Board may not be raised before this court. Stokes v. Federal Aviation Admin., 761 F.2d 682, 684 n. 1 (Fed. Cir. 1985); Meglio v. Merit Sys. Protection Board, 758 F.2d 1576, 1577 (Fed. Cir. 1984). Second, Gadsen was a probationary employee. For the Board to have jurisdiction over a claim of religious discrimination, he must have an independent ground for jurisdiction founded on a non-frivolous claim of discrimination on the basis of marital or partisan political status. See Stokes, 761 F.2d at 685; see also Piskadlo v. Veterans' Admin., 668 F.2d 82, 84 (1st Cir. 1982).