Claude H. Weaver v. Merit Systems Protection Board

Weaver petitions for review of a decision of the Merit Systems Protection Board (“MSPB”) upholding his removal from a position as boiler plant operator at the Navy Public Works Center, Oakland, California. We note jurisdiction pursuant to 5 U.S.C. § 7703 and deny the petition for review.

Weaver was involved in an altercation with his supervisor in which the supervisor sustained a lacerated lip and two fractured teeth. Weaver insisted that he had merely raised his arms to fend off his supervisor and his supervisor’s mouth came in contact with Weaver’s forearm. The supervisor stated that Weaver…