Natale v. Mastriano v. Fed. Aviation Admin., 714 F.2d 1152 (Fed. Cir. 1983). · Go Syfert
Natale v. Mastriano v. Fed. Aviation Admin., 714 F.2d 1152 (Fed. Cir. 1983). Cases Citing This Book View Copy Cite
“the only cognizable right of appeal by a probationary em- ployee to the is contained in . . . 5 c.f.r. 315.806 .”
66 citation events (41 in the last 25 years) across 6 distinct courts.
Strongest positive: McClure v. DVA (cafc, 2024-08-21)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) McClure v. DVA
Fed. Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
he appeal rights of a probationary employee are extremely lim- ited . . . .
discussed Cited as authority (verbatim quote) Yomi v. MSPB
Fed. Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
the only cognizable right of appeal by a probationary em- ployee to the is contained in . . . 5 c.f.r. 315.806 .
discussed Cited as authority (verbatim quote) Cunningham v. MSPB (2×) also: Cited "see"
Fed. Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
the only cog- nizable right of appeal by a probationary employee to the is . . . 5 c.f.r. 315.806 .
discussed Cited as authority (rule) Jennifer Brown v. Department of Agriculture (2×) also: Cited "see"
MSPB · 2026 · confidence medium
Mastriano v. Federal Aviation Administration, 714 F.2d 1152, 1155-56 (Fed.
cited Cited as authority (rule) Goodwin v. Veterans Health Administration
S.D.N.Y. · 2025 · confidence medium
Aviation Admin., 714 F. 2d 1152, 1155 (Fed.
discussed Cited as authority (rule) Gober v. Collins (2×) also: Cited "see, e.g."
D.D.C. · 2025 · confidence medium
Cir. 1987). “[T]he appeal rights of a probationary 8 employee are extremely limited.” Mastriano v. FAA, 714 F.2d 1152, 1155 (Fed.
cited Cited as authority (rule) Kourtney Hollingsworth v. Department of Housing and Urban Development
MSPB · 2024 · confidence medium
Mastriano v. Federal Aviation Administration, 714 F.2d 1152, 1155-56 (Fed.
discussed Cited as authority (rule) Benjamin Jenkins v. Department of the Navy
MSPB · 2022 · confidence medium
The appellant misunderstands the meaning of the language; the phrase “partisan political reasons” as used in 5 C.F.R. § 315.806 (b), means “discrimination based on affiliation with any political party or candidate.” Mastriano v. Federal Aviation Administration, 714 F.2d 1152, 1155-56 (Fed.
cited Cited as authority (rule) Samuel Gordon v. United States Postal Service
MSPB · 2022 · confidence medium
“Partisan political reasons” means 3 “discrimination based on affiliation with any political party or candidate.” Mastriano v. Federal Aviation Administration, 714 F.2d 1152, 1155-56 (Fed.
discussed Cited as authority (rule) Sagar v. Lew (2×) also: Cited "see"
D.D.C. · 2016 · confidence medium
Indeed, “the appeal rights of a probationary employee are extremely limited.” Mastriano v. FAA, 714 F.2d 1152, 1155 (Fed.
cited Cited as authority (rule) Lillian A. Ferraro v. Department of the Army
MSPB · 2016 · confidence medium
Mastriano v. Federal Aviation Administration, 714 F.2d 1152, 1155 (Fed.
discussed Cited as authority (rule) Walker v. Merit Systems Protection Board
Fed. Cir. · 2014 · confidence medium
Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir.1983); 5 U.S.C. § 7511 (a)(1) (excepting from the definition of “employee” those individuals who have not yet completed the one-year initial probation period).
discussed Cited as authority (rule) Crawford v. Merit Systems Protection Board
Fed. Cir. · 2014 · confidence medium
Aviation Admin., 714 F.2d 1152, 1156 (Fed.Cir.1983) (holding “the [Board] correctly dismissed petitioner’s appeal because his allegations of discrimination based on union affiliation did not state a cause of action within the board’s jurisdiction” under 315.806(b)).
discussed Cited as authority (rule) Pashayev v. Merit Systems Protection Board (2×)
Fed. Cir. · 2013 · confidence medium
Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir.1983) (stating that “[tjhere is no statutory authorization for an appeal by probationary employees to the MSPB” because they are not employees within the meaning of 5 U.S.C. § 7511 (a)(1)); see also Bante, 966 F.2d at 650 (stating that “[t]he language of the current statute establishes that Congress clearly intends review of the termination of probationary employees be more limited than that of other employees”); 5 U.S.C. § 7511 (a)(1) (excluding probationary employees from the term “employee”).
cited Cited as authority (rule) Kennington v. Merit Systems Protection Board
Fed. Cir. · 2010 · confidence medium
Mastriano v. Federal Aviation Admin., 714 F.2d 1152, 1155-56 (Fed.Cir.1983).
cited Cited as authority (rule) Jenkins v. Smithsonian Institution
Fed. Cir. · 2010 · confidence medium
Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir.1983).
cited Cited as authority (rule) House v. Merit Systems Protection Board
Fed. Cir. · 2008 · confidence medium
Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir. 1983).
cited Cited as authority (rule) Dvortsin v. Department of Homeland Security
Fed. Cir. · 2008 · confidence medium
Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir.1983).
discussed Cited as authority (rule) Jones v. Merit Systems Protection Board
Fed. Cir. · 2007 · confidence medium
Specifically, “[a] terminated probationary employee has no statutory right of appeal to the Board.” Initial Decision-, citing 5 U.S.C. § 7511 (a)(1)(A); Mastriano v. Federal Aviation Administration, 714 F.2d 1152, 1155 (Fed.Cir.1983).
discussed Cited as authority (rule) McCall-Scovens v. Merit System Protection Board (2×) also: Cited "see"
Fed. Cir. · 2006 · confidence medium
Mas-triano, 714 F.2d at 1155-56 (“‘partisan political reasons,’ as used in 5 C.F.R. § 315.806 (b), means ‘discrimination based on affiliation with any political party or candidate.’ ”).
discussed Cited as authority (rule) Goss v. Department of the Air Force (2×) also: Cited "see, e.g."
Fed. Cir. · 2005 · confidence medium
Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir.1983).
cited Cited as authority (rule) Ronda R. Shelton v. Department of the Air Force
Fed. Cir. · 2004 · confidence medium
Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir.1983). 2 .
discussed Cited as authority (rule) Staggs v. Department of the Navy
Fed. Cir. · 2004 · confidence medium
Noting that the phrase “partisan political reasons” is limited to “discrimination based on affiliation with any political party or candidate,” Mastriano v. F.A.A., 714 F.2d 1152, 1155-56 (Fed.Cir.1983) (internal quotation marks omitted), the Board properly concluded that it lacked jurisdiction to consider the claim as based on partisan political reasons.
discussed Cited as authority (rule) Montes-Rodriguez v. Merit Sytems Protection Board
Fed. Cir. · 2003 · confidence medium
Discussion The Administrative Judge correctly found that there is no statutory right of appeal to the Board for an employee who has been terminated during “a probationary or trial period under an initial appointment.” See 5 U.S.C. §§ 7511 (a)(1)(A) & 4303(f)(2); Mastriano v. Federal Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir. 1983).
discussed Cited as authority (rule) Sanders v. Merit Systems Protection Board
Fed. Cir. · 2003 · confidence medium
See 5 C.F.R. § 315.806 (b); Mas- triano v. Federal Aviation Administration, 714 F.2d 1152, 1155 (Fed.Cir.1983) (“There is no statutory authorization for an appeal by probationary employees to the MSPB....
discussed Cited as authority (rule) Lester v. Department of Justice
Fed. Cir. · 2001 · confidence medium
The Administrative Judge (“AJ”) requested briefing on the question of jurisdiction, for absent a nonfrivolous allegation of discrimination based on marital status or partisan political reasons the Board does not have jurisdiction to review an adverse personnel action taken against a probationary employee. 5 C.F.R. § 315.806 (b); see Hintz v. Department of Army, 21 F.3d 407, 409 (Fed.Cir.1994); Mastriano v. Federal Aviation Administration, 714 F.2d 1152, 1155-56 (Fed.Cir.1983) (discrimination for partisan political reasons is grounds for review of adverse action during probationary period)…
discussed Cited as authority (rule) Gary E. Brown v. Department of Justice
Fed. Cir. · 1994 · confidence medium
Mastriano v. FAA, 714 F.2d 1152, 1155 (Fed.Cir.1983). 4 This court must affirm a decision of the Board unless it finds that the decision is (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accord with the law; (2) obtained without following the procedures required by law, rule, or regulation; or (3) unsupported by substantial evidence. 5 U.S.C.
discussed Cited as authority (rule) Dennis P. Bante v. Merit Systems Protection Board
Fed. Cir. · 1992 · confidence medium
Mastriano v. Federal Aviation Admin., 714 F.2d 1152, 1155-56 (Fed.Cir.1983) (adopting the view that “partisan political reasons” means “discrimination based on affiliation with any political party or candidate”).
discussed Cited as authority (rule) Crystal S. Brown v. Merit Systems Protection Board
Fed. Cir. · 1991 · confidence medium
Mastriano v. FAA, 714 F.2d 1152, 1155-56 (Fed.Cir.1983). 3 To the extent that Brown argues her removal was based on her membership in the Federal Women's Program, she has not raised a sufficient "partisan political reason." Further, if this or any other argument was not raised before the MSPB, it may not be raised for the first time on appeal before this court.
cited Cited as authority (rule) Sharon J. Norton v. Merit Systems Protection Board
Fed. Cir. · 1991 · confidence medium
Mastriano v. F.A.A., 714 F.2d 1152, 1155 (Fed.Cir.1983).
cited Cited "see" Andrew Gordon v. Department of the Navy
MSPB · 2024 · signal: see · confidence high
See Mastriano v. Federal Aviation Administration, 714 F.2d 1152, 1155 (Fed.
discussed Cited "see" William Cunningham v. Department of Labor
MSPB · 2022 · signal: see · confidence high
See Mastriano v. Federal Aviation Administration, 714 F.2d 1152, 1156 (holding that allegations of discrimination based on union affiliation do not state a cause of action within the Board’s jurisdiction under 5 C.F.R. § 315.806 (b)). 5 ¶6 The appellant also argues that he was terminated for a preappointment reason based on the agency’s failure to hire him under the vacancy announcement for applicants under the Veterans Employment Opportunity Act.
discussed Cited "see" Bofill v. Merit Systems Protection Board
Fed. Cir. · 2001 · signal: see · confidence high
See Mastriano v. Federal Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir.1983) (“There is no statutory authorization for an appeal by probationary employees to the [Board].”); see also Grigsby v. U.S. Dep’t of Commerce, 729 F.2d 772, 776 (Fed.Cir.1984) (holding the procedural protections of 5 U.S.C. § 7513 inapplicable to probationary employee’s appeal of his termination).
examined Cited "see" Nilofer Pervez v. Department of the Navy (3×) also: Cited "see, e.g."
Fed. Cir. · 1999 · signal: see · confidence high
See Mastriano v. Federal Aviation Admin., 714 F.2d 1152, 1154 (Fed.Cir.1983).
discussed Cited "see" Garry L. Richards v. Merit Systems Protection Board
Fed. Cir. · 1992 · signal: see · confidence high
Because the Board does not have jurisdiction to hear a probationary employee's appeal from a termination unless the employee alleges that the termination "was based on partisan political reasons or marital status," 5 C.F.R. § 315.806 (b); see Mastriano v. Federal Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir.1983), the AJ properly concluded that the Board did not have jurisdiction over Richards' appeal.
discussed Cited "see" Stephanie E. Jankowski v. Department of the Treasury
Fed. Cir. · 1988 · signal: see · confidence high
Less than one month after her appointment, the IRS fired her for unacceptable conduct in attempting to obtain special favors because of her employment with the IRS. 3 The administrative judge dismissed the appeal for lack of jurisdiction because Ms. Jankowski, as a probationary employee, could appeal to the board only if she alleged that the agency's action was based on marital status, partisan political reasons, or on conditions arising before her employment. 5 CFR 315.806(b); see Mastriano v. Federal Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir.1983).
cited Cited "see" Albert J. Raman v. Department of Housing and Urban Development
Fed. Cir. · 1988 · signal: see · confidence high
See Mastriano v. Federal Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir.1983) (appeal rights of probationary employee extremely limited); 5 U.S.C.
discussed Cited "see" Harris v. Moyer
N.D. Ill. · 1985 · signal: see · confidence high
See Mastriano v. Federal Aviation Administration, 714 F.2d 1152, 1155 (Fed.Cir.1983); Piskadlo v. Veterans’ Administration, Merit Systems Protection Board, 668 F.2d 82 (1st Cir.1982). 3 Under these circumstances courts have granted federal jurisdiction over probationary employees’ constitutional claims.
cited Cited "see, e.g." Garcia-Cabrera v. Cohen
M.D. Ala. · 2000 · signal: see, e.g. · confidence low
See, e.g., Mastriano v. Federal Aviation Admin., 714 F.2d 1152 (Fed.Cir.1983).
cited Cited "see, e.g." Elias M. Gonji v. Merit Systems Protection Board
Fed. Cir. · 1995 · signal: see, e.g. · confidence medium
See, e.g., Mastriano v. Federal Aviation Admin., 714 F.2d 1152, 1155 (Fed.Cir.1983) ("There is no statutory authorization for an appeal by probationary employees to the MSPB.
cited Cited "see, e.g." Stanley W. Eckert v. Department of Labor
Fed. Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., Mastriano v. Federal Aviation Administration, 714 F.2d 1152, 1155-56 (Fed.Cir.1983).
discussed Cited "see, e.g." Joseph F. WILLIAMS, Petitioner, v. DEPARTMENT OF the ARMY, Respondent (2×)
Fed. Cir. · 1983 · signal: see also · confidence low
See 5 C.F.R. § 315 .-806(b) (1982); see also Mastriano v. Federal Aviation Administration, 714 F.2d 1152 (Fed.Cir.1983); Piskadlo v. Veterans’ Administration, 668 F.2d 82, 84 (1st Cir.1982).
Retrieving the full opinion text from the archive…
Natale
v.
MASTRIANO, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent
Appeal 83-735.
Court of Appeals for the Federal Circuit.
Aug 23, 1983.
714 F.2d 1152
Thomas A. Crawford, Jr., Pittsburgh, Pa., for petitioner., Kathleen A. Flynn, Washington, D.C., for respondent. With her on brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, and Sandra P. Spooner, Asst. Director, Washington, D.C.
Bennett, Skelton, Miller.
Cited by 51 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 81%
Citer courts: Federal Claims (2)
BENNETT, Circuit Judge.

Petitioner, a former air traffic controller, appeals his removal by the Federal Aviation Administration (FAA) based upon his alleged participation in an illegal strike. The Merit Systems Protection Board (MSPB or board), MSPB No. PH315H81F1114 (Nov. 22, 1982), held that it lacked jurisdiction over petitioner’s claim because (1) he was a probationary employee, and (2) his allegations of discrimination based upon partisan political reasons were not of the type contemplated by the regulation permitting board review of probationary employees. 5 C.F.R. § 315.806(b) (1981). We affirm.

I

Petitioner was hired by the FAA from the civil service register as a probationary air traffic controller on December 28, 1980. On August 3, 1981, the Professional Air Traffic Controllers Organization (PATCO) called upon its members to participate in a strike against the FAA. That evening, President Reagan announced that all air traffic controllers who did not report to work within 48 hours would forfeit their jobs and be terminated. The FAA immediately began adverse action proceedings against those employees who did not return to their first scheduled shift following the deadline set by the President.

[*1154] Petitioner did not report to work for his regularly scheduled shift at Pittsburgh after the strike began or after the grace period established by the President. As a result, by a letter dated August 14, 1981, petitioner was informed that he was being removed from his position as an air traffic controller because of his participation in an illegal strike. This letter informed petitioner that he would be terminated on August 19, 1981. He was also informed that because of his probationary status (he had been appointed about 8 months earlier), he could appeal to the MSPB if he believed that the removal was based on partisan political reasons or marital status. [1] Petitioner appealed his removal to the MSPB on September 10, 1981.

In a decision dated April 14, 1982, the presiding official of the MSPB first noted that petitioner was still in his probationary period at the time of his removal. Turning to 5 U.S.C. § 7511(a) defining “employees” and to the regulation providing for a limited right of appeal to the MSPB by probationary employees, 5 C.F.R. § 315.806, the presiding official found that only the ground of discrimination based upon partisan political reasons was relevant to petitioner’s allegations on appeal of the agency’s action. Specifically, petitioner alleged that he received disparate treatment because of his affiliation with PATCO. The presiding official relied upon Sweeting v. Department of Justice, 6 MSPB 598 (1981), for the proposition that “discrimination based on ‘partisan political reasons’ under 5 C.F.R. § 315.806(b) means discrimination based on affiliation with any political party or candidate.” The presiding official concluded:

This is not the kind of political discrimination [petitioner] accuses the agency of committing in his case. Therefore 5 C.F.R. Section 315.806(b) does not afford him a right of appeal.

Next, the presiding official rejected petitioner’s contention that he was not actually serving a probationary period at the time of his removal, as he was previously employed by the Census Bureau and was transferred to the FA A. The presiding official stated:

It is clear from the Standard Form 50 documenting appellant’s appointment as an air traffic controller that he was hired from a civil service register and was subject to a 1-year probationary period beginning December 28,1980, notwithstanding any previous federal service he might have. His probationary period had not expired when he was terminated.

The presiding official therefore dismissed the appeal for lack of jurisdiction.

In an order dated November 22,1982, the MSPB denied the petition to review the presiding official’s initial decision. Petitioner timely appealed from the final decision of the MSPB to this court.

II

As an initial matter, petitioner asserts that the MSPB erred in finding that he was a probationary employee at the time of his removal. Petitioner states that when he “transferred” to the FAA from his position at the Census Bureau there should have been a recomputation of his probationary time to reflect his prior federal service. The MSPB found, however, that petitioner had been appointed to his position as an air traffic controller from a civil service register. As such, 5 C.F.R. § 315.801(a)(1) (1981) clearly mandated that petitioner serve a 1-year probationary period. [2] Since petitioner had only served in his position as an air[*1155] traffic controller for 8 months at the time of his removal, the board was clearly correct in its determination that petitioner was a probationary employee.

It is well established that the appeal rights of a probationary employee are extremely limited, particularly since the passage of the Civil Service Reform Act of 1978, Pub.L.No. 95-454, 92 Stat. 1111 (codified in scattered sections of 5 U.S.C. (1982)). There is no statutory authorization for an appeal by probationary employees to the MSPB. They are not employees within the meaning of 5 U.S.C. § 7511(a)(1). See Piskadlo v. Veterans’ Administration, 668 F.2d 82 (1st Cir.1982); see also Oulvey v. Veterans’ Administration, 690 F.2d 681 (8th Cir. 1982); Budnick v. MSPB, 643 F.2d 278 (5th Cir. 1981); Hernandez v. Department of the Treasury, Ct.Cl. No. 3-81 (order entered Feb. 26, 1982); Gulden v. Department of the Army, Ct.Cl. No. 19-80 (order entered Sept. 25, 1981); cf. Stern v. Department of the Army, 699 F.2d 1312 (Fed.Cir.1983) (MSPB has no jurisdiction over an appeal by an employee under a temporary appointment limited to 1 year or less). The only cognizable right of appeal by a probationary employee to the MSPB is contained in the regulation previously mentioned, 5 C.F.R. § 315.806. This regulation only permits appeals by probationary employees where it is alleged that the agency action resulted from discrimination based upon marital status or partisan political reasons. Only this latter ground is alleged by petitioner.

Specifically, petitioner contends that he is a victim of political discrimination and disparate treatment because he is the nephew of Joseph Mastraieni, a vice president of the Greater Pittsburgh PATCO local. As a consequence of this allegation, petitioner asserts that it was error for the MSPB to deny jurisdiction over his removal, particularly since the MSPB did not allow him to present evidence in support of jurisdiction on this basis.

As mentioned, the presiding official (whose opinion the board adopted) held that petitioner’s allegation of discrimination based upon his union affiliation did not fall within the category of “partisan political reasons” as used in the regulation. The presiding official cited Sweeting v. Department of Justice, 6 MSPB 598, for the proposition that “partisan political reasons” means “discrimination based on affiliation with any political party or candidate.”

The rationale of the board in Sweeting can be summarized as follows: prior to the amendment of 5 C.F.R. § 315.806(b) in 1972, the regulation authorized an appeal by an employee where it was alleged that the termination was based on “political reasons”; two judicial decisions, Holden v. Finch, 446 F.2d 1311 (D.C.Cir.1971), and Peale v. United States, 325 F.Supp. 193 (N.D.Ill.1971), rejected the former Civil Service Commission’s (Commission) interpretation that the regulation was confined to allegations of partisan political reasons in the Hatch Act (5 U.S.C. § 7324 (1982)) sense; following these decisions, the Commission in 1972 lawfully amended the regulation by adding the word “partisan” before “political reasons” in order to “clarify appeal rights of probationers,” 37 Fed.Reg. 26575 (1972); the Office of Personnel Management’s (OPM) interpretation of “partisan political reasons” (in its brief filed in Sweeting) was the same as the Commission’s interpretation of “political reasons” in Holden, namely:

[Political influences, specifically as resulting from affiliation with or support of recognized partisan political parties, their candidates for public office, or their political campaign activities. [466 F.2d at 1314.]

OPM’s interpretation is entitled to great deference as it is both reasonable and consistent with the regulation, see United States v. Larionoff, 431 U.S. 864, 872, 97 S.Ct. 2150, 2155, 53 L.Ed.2d 48 (1977); and, finally, this interpretation is consistent with Civil Service Rule IV, 5 C.F.R. § 4.2 (1981), which specifies that political discrimination based on “political affiliation” is prohibited in federal employment. The board in Sweeting therefore concluded that “partisan political reasons,” as used in 5 C.F.R.[*1156] § 315.806(b), means “discrimination based on affiliation with any political party or candidate.” 6 MSPB at 601.

We agree with the board’s analysis and interpretation of the phrase “partisan political reasons” in 5 C.F.R. § 315.806(b). As a consequence, we hold that the MSPB correctly dismissed petitioner’s appeal because his allegations of discrimination based on union affiliation did not state a cause of action within the board’s jurisdiction, as defined by the applicable regulation. It was not error, therefore, for the MSPB to deny petitioner a right of proof on this allegation, as, even if his charge was substantiated by the evidence, the MSPB would still not have jurisdiction over his appeal.

Petitioner also makes the following arguments: (1) he was improperly removed from his position by a person unauthorized to remove him; (2) he was deprived of his property right in his employment without due process of law; (3) he was removed based upon false allegations of unfitness for continued employment; and (4) the allegations that petitioner participated in an illegal strike are a “gross fabrication.” As none of these arguments address the issue of the board’s jurisdiction over an appeal by a probationary employee, we cannot review any claim relating to alleged procedural irregularities, constitutional infirmities, or the merits of petitioner’s removal. We offer no opinion on whether petitioner states a claim cognizable in a forum other than the MSPB. For purposes of this appeal, we are limited to a review of the board’s decision denying jurisdiction, and we affirm solely on that basis.

Accordingly, on the basis of the parties’ submissions and oral argument, we affirm the decision of the MSPB dismissing petitioner’s appeal for lack of jurisdiction.

AFFIRMED.

1

. Petitioner was also informed that allegations of discrimination based on race, color, religion, sex, national origin, physical handicap, or age could be raised provided these allegations were in addition to the issue of partisan political reasons or marital status. See 5 C.F.R. § 315.-806(d). Because petitioner asserts that only partisan political reasons motivated his removal, only this basis for the board’s jurisdiction will be discussed.

2

. “§ 315.801 Probationary period; when required

“(a) The first year of service of an employee who is given a career or career-conditional appointment under this part is a probationary period when the employee:
“(1) Was appointed from a register; ...”