       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                JON C. MESSENGER,
                     Petitioner.

                           v.

            DEPARTMENT OF LABOR,
                   Respondent.
               ____________________

                      2012-3016
                ______________________

   Petition for review of the Merit Systems Protection
Board in No. DC352C080748-A-1.
                ______________________

                     JUDGMENT
                ______________________

    PETER B. BROIDA, of Arlington, Virginia, argued for
petitioner.

   RENEE GERBER, Attorney, Commercial Litigation
Branch, Civil Division, United States Department of
Justice, of Washington, DC, argued for respondent. With
her on the brief were TONY WEST, Assistant Attorney
General, JEANNE E. DAVIDSON, Director, and HAROLD D.
LESTER, JR., Assistant Director.
                 ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (LINN, MOORE, and O’MALLEY, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



 June 13, 2012               /s/ Jan Horbaly___________
    Date                        Jan Horbaly
                                    Clerk
