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Stine v. U. S. Department of Labor

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


March 4, 1985

MICHAEL D. VAN STINE, PETITIONER
v.
U. S. DEPARTMENT OF LABOR, RESPONDENT

On Petition for Review of an Order of the Department of Labor Dated November 2, 1983 (No. 82-CET-30)

Author: Adams

Before: ADAMS, GARTH and BECKER, Circuit Judges

JUDGMENT ORDER

ADAMS, Circuit Judge

We have considered the contentions of the parties, including Van Stine's contention that OET did not act in good faith, that its failure to successfully implement a merit based personnel system constituted a violation of CETA regulation 98.14(b) and that the administrative law judge erred in ruling that a violation of 98.14(b) was necessary, notwithstanding a certified violation of 98.14(a), in order to conclude a violation of section 98.14 of these regulations. However, we conclude that OET complied with the CETA merit personnel regulations; that Mr. Van Stine failed to present sufficient evidence of a violation of merit system principles and standards with respect to his employment; and that, at all events, the intergovernmental personnel act merit system principles and standards create no individual rights or remedies, it is therefore

ADJUDGED AND ORDERED that the order of the Secretary of Labor dismissing Petitioner's complaint be and is hereby affirmed, and that the petition for review of that order be denied.

Costs taxed against Petitioner.

19850304

© 1998 VersusLaw Inc.



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