Collins v. Merit Systems Protection Board

FRIEDMAN, Senior Circuit Judge. The Department of Transportation promoted the petitioner, an air traffic controller, to supervisor, subject to a one-year probationary period. Upon concluding that the petitioner had not performed his supervisory duties properly, the agency cancelled his promotion and he reverted to his lower grade nonsupervisory position. The Merit Systems Protection Board (Board) dismissed his appeal from that action for lack of jurisdiction, because the action took place during the petitioner's one-year probationary period. We affirm.