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Moore v. Merit Systems Protection Board

Dismissal of employee's appeal from administrative judge's initial decision affirmed because employee failed to establish she had satisfied the requirements necessary to vest the Board with jurisdiction over her appeal by showing she had exhausted her administrative remedies before the Department of Labor.

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Cheryl A. Moore, petitioner, appeals from the decision of the Merit Systems Protection Board (“MSPB” or “Board”), Moore v. Federal Deposit Ins. Corp., No. DA-3443-00-0204-I-1 (MSPB August 23, 2000), dismissing her appeal from the initial decision of the administrative judge for lack of jurisdiction. Because Ms. Moore failed to establish that she had satisfied the requirements necessary to vest the MSPB with jurisdiction over her appeal, in accordance with 5 U.S.C. � 3330a, we affirm.

BACKGROUND

The following facts are not in dispute. Ms. Moore was employed by the Federal Deposit Insurance Corporation in its Division of Supervision, Dallas Regional Office, as a secretary. In October 1999, the agency announced a vacancy for an administrative officer position. Ms. Moore applied for the position, but was found “not qualified” on the basis that she did not possess a year of specialized experience as required.

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