Carlos R. Berry, Iii, Petitioner, v. Department of the Navy, Respondent, 36 F.3d 1117 (Fed. Cir. 1994)

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US Court of Appeals for the Federal Circuit - 36 F.3d 1117 (Fed. Cir. 1994)

Sept. 29, 1994

Before NEWMAN, LOURIE, and RADER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Carlos R. Berry III, appeals the decision of the Merit Systems Protection Board, Docket No. PH0351940093-I-1, affirming the decision of the Department of the Navy to change his position from Service Shops General Foreman to Electrician Foreman, due to a reduction in force. On reviewing the issue, we discern no error in the competitive level. The Board's finding is undisputed that Mr. Berry did not meet the 25% requirement for nuclear work. Mr. Berry has not shown how his "bump and retreat" rights were violated, and we discern no such violation. Further, it is irrelevant that the person who bumped Mr. Berry later retired.

The decision of the Board is affirmed.