Janis L. Allen, Alvin H. Edwards, Ernestine G. Johnson,doris A. Price, Charleta A. Saunders, Bessiesmith, Shirley A. Thomas, Ruth W.walston, and Lula J. Webb, Petitioners, v. Department of Health and Human Services, Respondent, 878 F.2d 1447 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 878 F.2d 1447 (Fed. Cir. 1989) June 16, 1989

Before FRIEDMAN, NIES and ARCHER, Circuit Judges.

PER CURIAM.


Petitioners appeal from the consolidated decision of the Merit Systems Protection Board, Docket Nos. DC03518210185-2, '10184-2, '10067-2, '10126-2, '10197-2, '10094-2, '10088-2, '10075-2, and '10617-2 (March 3, 1988), which became final by Order of the full Board on July 27, 1988. The administrative judge (AJ) in his initial decision held that petitioners "had no entitlement to any of the positions discussed above, and ... the agency did not have any obligation to offer these positions to these particular [petitioners]." We have considered the arguments presented by the petitioners and are not convinced that the Board's decision is arbitrary, capricious, and abuse of discretion, unsupported by substantial evidence or otherwise not in accordance with law. See 5 U.S.C. § 7703(c) (1982); Hayes v. Department of the Navy, 727 F.2d 1535, 1537 (1984). Accordingly, we affirm the Board's decision on the basis of the AJ's opinion.

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