Stanley W. Eckert, Petitioner, v. Department of Labor, Respondent, 889 F.2d 1100 (Fed. Cir. 1990)

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US Court of Appeals for the Federal Circuit - 889 F.2d 1100 (Fed. Cir. 1990) Oct. 11, 1989. Rehearing Denied Jan. 9, 1990

Before NIES, PAULINE NEWMAN and ARCHER, Circuit Judges.

PER CURIAM.


DECISION

Stanley W. Eckert seeks review of the final decision of the Merit Systems Protection Board, October 12, 1988, No. SL315H8810157, which dismissed his petition for review for lack of jurisdiction. We affirm.

OPINION

The sole issue of this appeal is whether the board correctly ruled that it had no jurisdiction over Mr. Eckert's appeal. Mr. Eckert, a probationary employee, did not attempt to establish that he was removed for partisan political reasons as legally defined. See, e.g., Mastriano v. Federal Aviation Administration, 714 F.2d 1152, 1155-56 (Fed. Cir. 1983). He merely attempted to change the meaning of that expression to cover his situation. The Administrative Judge properly rejected Mr. Eckert's definition. The appealed decision is entirely in accord with the statute, regulation, and our precedent on this issue, see Id.; Stokes v. Federal Aviation Administration, 761 F.2d 682 (Fed. Cir. 1985). Accordingly, we affirm on the basis of the Administrative Judge's opinion.

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