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CAVEN v. MERIT SYSTEMS PROTECTION BD.

No. 04-3105.

392 F.3d 1378 (2004)

Thomas L. CAVEN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

December 16, 2004.

Attorney(s) appearing for the Case

Lawrence A. Berger, Mahon & Berger, Garden City, NY, for petitioner.

Calvin M. Morrow, Attorney, Merit Systems Protection Board, of Washington, DC, for respondent. With him on the brief were Martha B. Schneider, General Counsel, and Stephanie M. Conley, Reviewing Attorney.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and BRYSON, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This appeal challenges the decision of the Merit Systems Protection Board ("Board") dismissing, for lack of jurisdiction, an appeal from an agency's denial of "availability pay." Caven v. Dep't of Transp., No. SE-0752-02-0194-I-1, 95 M.S.P.R. 293 (M.S.P.B. Oct.31, 2003) ("Final Order"). This is a form of premium pay for law enforcement officers designed to provide compensation for unscheduled overtime work that the employee...

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