Appeal No. 14-81.

683 F.2d 396 (1982)


United States Court of Claims.

July 14, 1982.

Attorney(s) appearing for the Case

Shelby W. Hollin, San Antonio, Tex., attorney of record, for petitioner.

Timothy Noelker, Washington, D. C., with whom was Asst. Atty. Gen. J. Paul McGrath, Washington, D. C., for respondent. Thomas W. B. Porter, Washington, D. C., of counsel.

Before NICHOLS, KASHIWA and NIES, Judges.

KASHIWA, Judge, delivered the opinion of the court:

This civilian pay case comes to us on petitioner's appeal of a final Merit Systems Protection Board (MSPB) decision. See 5 U.S.C. § 7703(b)(1) (Supp. III 1979). We have heard oral argument.

Petitioner Ramos was employed by the Veterans' Administration (VA) as a Housekeeping Aide, WG-1. On September 11, 1979, petitioner was scheduled to work from 12:00 midnight to 8:00 a. m. Petitioner, however...

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