Charlie Mathis v. United States Postal Service

FRIEDMAN, Circuit Judge.

Under 5 U.S.C. § 7701(a) (1982), an “employee” may appeal an adverse personnel action to the Merit Systems Protection Board (Board). Section 7511(a)(1)(B) of Title 5 of the United States Code includes in the definition of “employee” a Postal Ser vice preference eligible who has “completed 1 year of current continuous service in the same or similar positions.” During the year preceding his termination by the Postal Service, the petitioner had served first as a special delivery messenger and then as a distribution clerk. The Board dismissed his appeal for lack of…