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King v. Department of Labor

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: February 13, 1989.

WILLIAM C. KING, PETITIONER,
v.
DEPARTMENT OF LABOR, RESPONDENT

Before Bissell and Archer, Circuit Judges, and Re, Chief Judge.*fn*

Per Curiam.

DECISION

William C. King appeals from a decision of the Merit Systems Protection Board, Docket No. CH07528710255, sustaining his 30-day suspension and from a decision of the Board, Docket Number CH07528710548, sustaining his 60-day suspension. We have considered King's arguments, but the Board's factual determinations are supported by substantial evidence, and the Board did not abuse its discretion in affirming the agency's penalty determinations. The Board also properly concluded that King failed to prove his affirmative defense of reprisal and that King's answers before an investigative interview did not constitute an assertion of the right against self-incrimination. Accordingly, we affirm the decisions of the Board based on the Administrative Judge's opinion of June 9, 1987, as modified in the opinion and order of the Board, 37 M.S.P.R. 110 (1988), and on the Administrative Judge's opinion of November 18, 1987.


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