Constance Horner, Director, Office of Personnel Management v. Maurice Lucas

DAVIS, Circuit Judge.

The Government petitions for review of an arbitrator’s decision holding a person in a temporary position to be an “employee” under 5 U.S.C. § 7511(a)(1) (1982), and entitled to the procedural protections of 5 U.S.C. § 7513 (1982). 1 We reverse.

I

Respondent Lucas was a painter’s helper at the Naval Ordnance Station, Louisville, Kentucky (agency), serving from August 19,1984 to August 17, 1985 in a temporary position. While in that temporary position, he had an altercation (on March 15, 1985) with another painter’s helper while on duty. Considering Lucas a temporary worker…