Alphonso P. Dorrello, Petitioner, v. Department of the Air Force, Respondent, 940 F.2d 678 (Fed. Cir. 1991)

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U.S. Court of Appeals for the Federal Circuit - 940 F.2d 678 (Fed. Cir. 1991) July 26, 1991

Before MICHEL, PLAGER and RADER, Circuit Judges.

DECISION

PER CURIAM.


Alphonso P. Dorrello appeals the decision of the Merit Systems Protection Board (Board), No. SE075290C0184 (Nov. 19, 1990). The Board denied his petition for enforcement of a prior Board decision in his favor. This court affirms.

The Board correctly held that the evidence does not show the RIF to be retaliatory. Respondent's decision to abolish 600 positions involved all U.S. Air Force facilities in the Philippines. Because a RIF procedure eliminated Mr. Dorrello's position, no position remained to which Dorrello could be restored. The agency thus complied to the degree possible with the earlier Board decision.

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