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HORNER v. ACOSTA

Appeal Nos. 84-1160, 85-2187.

803 F.2d 687 (1986)

Constance HORNER, Director, Office of Personnel Management, Petitioner, v. Raymond ACOSTA, et al., Respondents, Merit Systems Protection Board, Intervenor.

United States Court of Appeals, Federal Circuit.

As Amended October 3, 1986.

Attorney(s) appearing for the Case

Robert A. Reutershan, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for petitioner. With him on brief were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director. Earl A. Sanders, Office of the Gen. Counsel, Office of Personnel Management, of counsel and Naomi J. Miske, Office of the General Counsel, Dept. of the Navy, of counsel.

Bernard Fensterwald, III, Fensterwald, Alcorn & Bowman, P.C., Arlington, Va., argued for respondents.

David Kane, Merit Systems Protection Board, Washington, D.C., argued for intervenor. With him on brief were Evangeline W. Swift, Gen. Counsel and Mary L. Jennings, Associate Gen. Counsel for Litigation.

Before MARKEY, Chief Judge, COWEN, Senior Circuit Judge, and ARCHER, Circuit Judge.

ARCHER, Circuit Judge.

The decision of the Merit Systems Protection Board (MSPB or Board), 19 M.S.P.R. 101, holding that respondents, although not appointed to federal positions during the time periods in issue, were entitled as contract employees to service credit under the Civil Service Retirement Act (CSRA) is reversed.

Background

A. In 1968, the Department of the Navy formed a unit

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