n1 The appellant also filed a cross-petition for review disagreeing
with the administrative judge's finding that his whistleblowing was not responsible
for the agency's failure to assign him overtime work and specifically not
contesting the administrative judge's findings that his nonselection for a Gardener
Foreman position and his lower performance evaluations in 1989, 1990, and 1991
were not as a result of reprisal for whistleblowing. See Petition for Review
File (PRF), Tab 8. In our previous decision, Costin, 64 M.S.P.R. at 528, we denied
the appellant's cross-petition for failure to meet the review criteria,
and, as noted below, we affirm that aspect of our decision here.
Return to decision.