NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JON C. MESSENGER, Petitioner.

v.

DEPARTMENT OF LABOR, Respondent. ____________________

2012-3016 ______________________

Petition for review of the Merit Systems Protection Board in No. DC352C080748-A-1. ______________________

JUDGMENT ______________________

PETER B. BROIDA, of Arlington, Virginia, argued for petitioner.

RENEE GERBER, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and HAROLD D. LESTER, JR., Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (LINN, MOORE, and O’MALLEY, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

June 13, 2012 /s/ Jan Horbaly___________ Date Jan Horbaly Clerk