Robert L. Kelley v. Merit Systems Protection Board

PLAGER, Senior Circuit Judge.

Robert L. Kelley appeals from a decision of the Merit Systems Protection Board (“Board”), which dismissed his case for lack of jurisdiction. Kelley v. United States Postal Serv., No. DC-0752-00-0809-1-1 (Apr. 18, 2000). The Board found that, for purposes of appeal to the Board, Mr. Kelley’s transfer from a full-time letter carrier position to a part-time 'clerical position at the same grade and pay level was not an adverse action, and thus the Board had no jurisdiction to hear the appeal. Because we question the Board’s decision with regard to its jurisdiction, we…