Mueller v. Merit Systems Protection Board

Carl G. Mueller appeals the Merit Systems Protection Board’s final decision, which dismissed his appeal for lack of jurisdiction. Mueller v. Dep’t of Agric., SF-0752-06-0777-1-1, 104 M.S.P.R. 443 (MSPB Dec. 14, 2006). We affirm.

The board’s jurisdiction is limited to appeals by federal employees or applicants for federal employment. As a participant serving the Forest Service in the Senior Community Service Employment Program, Mueller does not fall into either of those categories. 42 U.S.C. § 3056b(a). In addition, the record shows that he was provided documents during his orientation explaining that he was not a Forest Service employee. Accordingly, the board properly dismissed the appeal for lack of jurisdiction.