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NOBLE v. TENNESSEE VALLEY AUTHORITY

No. 88-3436.

892 F.2d 1013 (1989)

George NOBLE, Petitioner, v. TENNESSEE VALLEY AUTHORITY, Respondent.

United States Court of Appeals, Federal Circuit.

December 22, 1989.

Attorney(s) appearing for the Case

Jay E. Emerson, Jr., Higgs & Conchin, Huntsville, Ala., for petitioner.

Ronald E. Klipsch, Tennessee Valley Authority, Knoxville, Tenn., for respondent. With him on the brief were Edward S. Christenbury, General Counsel, Justin M. Schwamm, Sr., Asst. General Counsel and Harriet A. Cooper, Sr. Litigation Atty.

Before MARKEY, Chief Judge, RICH, NIES, NEWMAN, BISSELL, ARCHER, MAYER and MICHEL, Circuit Judges, and BENNETT and FRIEDMAN, Senior Circuit Judges.

ORDER

ARCHER, Circuit Judge.

This petition for review arises from the decision of the Merit Systems Protection Board (MSPB or Board), Docket No. AT03518810283 (June 24, 1988), sustaining the separation of George Noble by reduction-in-force (RIF) from the Tennessee Valley Authority (TVA).

A. Noble, a "preference eligible" as defined by 5 U.S.C. § 2108 (1988), was employed by the TVA at its Bellefonte Nuclear Plant in Hollywood, Alabama, until...

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