Arturo Vidal v. United States Postal Service

MICHEL, Circuit Judge.

In this appeal, Arturo Vidal challenges a decision by the Merit Systems Protection Board (the “Board”) affirming as modified a decision by an Administrative Judge (the “AJ”). See Vidal v. United States Postal Serv., 75 M.S.P.R. 191 (1997). The AJ upheld the decision by the United States Postal Service (the “agency”) to remove Vidal for failure to satisfy job qualification requirements for an upgraded machine operator position to which he was reassigned. See Vidal v. United States Postal Serv., No. DC-0752-96-0310-1-1 (Initial Decision Mar. 19, 1996). Vidal argued that he…