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.

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