Harold J. Romain v. Admiral Harold Shear, Administrator of the Department of Transportation, Maritime Administration
Opinion
Opinion
Plaintiff Harold Romain appeals the district court’s dismissal of three of his four claims and the district court’s grant of summary judgment for defendant on the fourth claim. We affirm.
BACKGROUND
Romain was employed by the Department of Transportation’s Maritime Administration (MARAD) in the San Francisco regional office. On September 30, 1983, Romain lost his job through a reduction-in-force (RIF). Romain appealed to the Merit Systems Protection Board (MSPB), and the MSPB presiding official affirmed the agency action. Romain then petitioned the full Board for review; the Board denied the petition. Romain received the MSPB’s final order on May 30, 1984, and on June 29, 1984, he filed a complaint in district court.
Romain asserted four claims in his complaint: (1) age discrimination against Ro-main individually, in violation of the Age Discrimination in Employment Act (ADEA), by virtue of abolishing his position; (2) age discrimination in MARAD’s employment practices against older employees in general; (3) violation of the Merchant Marine Act by failing to maintain a viable marketing development program; and (4) violation of the Civil Service Reform Act by effecting…