Haynie v. Merit Systems Protection Board

NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is
not citable as precedent. It is a public record.
United States Court of Appeals for the Federal Circuit
04-3415
JAMES E. HAYNIE,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
DECIDED: April 5, 2005
__________________________
Before MAYER, RADER, and GAJARSA, Circuit Judges.
PER CURIAM.
James E. Haynie appeals the final decision of the Merit Systems Protection
Board dismissing his claim that he was improperly removed from employment by the
Department of Veterans Affairs for lack of jurisdiction. Haynie v. Dep’t of Veterans
Affairs, CH315H040152-I-1 (MSPB Jun. 24, 2004). We affirm.
We must affirm the board’s decision to dismiss Haynie’s appeal unless he
establishes that the decision is: (1) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law; (2) obtained without procedures required by law,
rule, or regulation having been followed; or (3) unsupported by substantial evidence.
5 U.S.C. § 7703(c) (2000). “The jurisdiction of the board is not plenary. Rather, it is
limited to those matters specifically entrusted to it by statute or regulation.” Serrao v.
Merit Sys. Prot. Bd., 95 F.3d 1569, 1573 (Fed. Cir. 1996); see 5 U.S.C. § 7701(a). A
petitioner has the burden of establishing board jurisdiction by a preponderance of the
evidence and we review the board’s decision de novo. See Serrao, 95 F.3d at 1573.
We agree with the board that it lacked jurisdiction to hear Haynie’s appeal
because he was a probationary employee. The board’s jurisdiction to hear an
employee’s appeal of a removal is circumscribed by statute. See 5 U.S.C. §§ 7511-
7514, 4301-4305. Excluded from its jurisdiction are appeals concerning “the reduction
in grade or removal of an employee . . . who is serving a probationary or trial period
. . . .” Id. § 4303(f)(2). Haynie’s allegations of discrimination must also be dismissed
because he failed to establish board jurisdiction over his probationary termination. See
Synan v. Merit Sys. Prot. Bd., 765 F.2d 1099, 1100-01 (Fed. Cir. 1985).
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