ROCHE v. MERIT SYSTEMS PROTECTION BD.

No. 2009-3111.

596 F.3d 1375 (2010)

Christopher D. ROCHE, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

March 4, 2010.


Attorney(s) appearing for the Case

Kevin A. Sills, National Air Traffic Controllers Association, of Washington, DC, argued for petitioner. With him on the brief was Marguerite L. Graf.

Joyce G. Friedman, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent. With her on the brief were B. Chad Bungard, General Counsel, and Keisha Dawn Bell, Deputy General Counsel.

Before LOURIE, DYK, Circuit Judges, and KENDALL, District Judge.


KENDALL, District Judge.

Petitioner Christopher D. Roche ("Roche"), a former employee of the Federal Aviation Administration ("FAA"), appeals from a final judgment of the Merit Systems Protection Board ("the Board") dismissing his case for lack of jurisdiction. Because we find that the Board did not err in applying the definition of "employee" set forth in 5 U.S.C. § 7511, and Roche does not dispute that he worked for too little time to qualify as an employee...

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