Fong v. United States Postal Service

RADER, Circuit Judge.

Petitioner Kelly Fong appeals the May 30, 2002 decision of the Merit Systems Protection Board (Board) dismissing his petition for lack of jurisdiction. The administrative judge found that Mr. Fong is not entitled to challenge his alleged demotion. Because Mr. Fong is not a preference eligible employee, this court affirms.

BACKGROUND

In July 1987, petitioner assumed the position of Field Division Controller, a Postal Career Executive Service-1 position. Under the 1992-1993 national restructuring process of the United States Postal Service, petitioner was assigned to the…