Caven v. Merit Systems Protection Board

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 performs or is available to perform. We agree with the Board that in the circumstances of this case it lacked jurisdiction, and therefore…