Gregory M. Merriweather, Petitioner, v. Department of Transportation, Respondent, 56 F.3d 83 (Fed. Cir. 1995)

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U.S. Court of Appeals for the Federal Circuit - 56 F.3d 83 (Fed. Cir. 1995)

May 16, 1995

Before MAYER, RADER and SCHALL, Circuit Judges.


Gregory M. Merriweather seeks review of the September 23, 1994 decision of the Merit Systems Protection Board, No. AT-0752930219-B-1, which dismissed his appeal for lack of jurisdiction. We affirm.

We review the board's decision within strictly defined statutory limits. 5 U.S.C. § 7703(c) (1988); see Hayes v. Department of the Navy, 727 F.2d 1535, 1537 (Fed. Cir. 1984). We must affirm the decision unless we determine that it was (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) obtained without procedures required by law, rule or regulation having been followed; or (3) unsupported by substantial evidence. 5 U.S.C. § 7703(c).

him into treatment that it knew would not address his needs. Indeed, the agency seems to have taken great pains to accommodate Merriweather short of removal.

We are persuaded that substantial evidence supports the board's determination that Merriweather voluntarily entered into the August agreement, that he understood that he was waiving his right to appeal agency action based on violation of the agreement, and that the agreement was not the product of bad faith or duress. Having waived his right to challenge the removal action, Merriweather's appeal was properly dismissed. See Stewart v. United States Postal Serv., 926 F.2d 1146, 1148 (Fed. Cir. 1988); McCall v. United States Postal Serv., 839 F.2d 664, 666-69 (Fed. Cir. 1988).