WELCH v. DEPARTMENT OF ARMY

No. 02-3246.

323 F.3d 1042 (2003)

John F. WELCH, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

March 25, 2003.


Attorney(s) appearing for the Case

Philip G. Villaume, Philip G. Villaume and Associates, of Edina, MN, for petitioner.

Wanda Rubianes-Collazo, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent. With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Donald E. Kinner, Assistant Director.

Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

The Merit Systems Protection Board ("Board") held that (1) the petitioner had not been constructively demoted when he was not appointed to the higher grade position to which the former position had been reclassified, and (2) the agency had conducted a valid reduction-in-force under which the petitioner's old position was abolished and he was reassigned to a lower grade position. We affirm.

I

As the Board's administrative...

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