United States Federal Circuit

The LEA Pay Act, 39 U.S.C. section 1003(c), does not apply to the Postal Service, and the Board's determination, that plaintiff was not eligible for availability pay because he failed to establish that he fell within one of the statutory classes of Postal Service employees who are entitled to appeal to the Board, is affirmed.

Appellate Information

• Decided 03/10/2003
• Published 03/10/2003

Judges

• BRYSON, Circuit Judge., Before CLEVENGER, BRYSON, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert J. Nigg, of Chino, CA, pro se., Patricia M. McCarthy, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for intervenor.   On the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  Robert E. Kirschman Jr., Assistant Director;  and Erin E. Powell, Trial Attorney.


• For Appellees:
  
• Raymond W. Angelo, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent.   With him on the brief were Martha B. Schneider, Acting General Counsel;  and Stephanie M. Conley, Reviewing Attorney.