John F. Welch v. Department of the Army

FRIEDMAN, Senior Circuit Judge.

The Merit Systems Protection Board (“Board”) held that (1) the petitioner had not been constructively demoted when he was not appointed to the higher grade position to which the former position had been reclassified, and (2) the agency had conducted a valid reduction-in-force under which the petitioner’s old position was abolished and he was reassigned to a lower grade position. We affirm.

I

As the Board’s administrative judge stated, “[t]he essential facts in this case are uncontroverted.” Those facts, as found by the administrative judge after a hearing, are as…