number fifteen fifteen sixty eight against department of labor that and then that just tell me if you if you have a different view and of my view at the moment which is the board did not make a jurisdictional ruling  didn't say it was doing it department of justice counsel is here not board counsel so we are squarely i think in the lead and in the land of kleckner o'clockne i don't have a clock there thank you  and you haven't given up the underlying biggest agent race discrimination claims so it seems to me we don't have jurisdiction and if that's right the only question is do you want the ca said we're not going to hear it we're going to we're going to follow that recommendation it more or less said we don't have authority that our party is for close well i mean i think you're just going to get a transfer honestly which you don't seem to be particularly unhappy with and seems like that way you can get your to close just record but they didn't really say we don't have the authority they said we're not a waste of time and that's kind of almost squarely within what they said  case we're going to hear today because frankly all this stuff about next case jurisdiction and when we can hear it and when we can't or when it has to go to district court it's frankly i think much more complicated than some of the other issues we hear i i and i appreciate that that why you wanted to come in our view today but it seems to me that this really the board had jurisdiction over your case and they didn't say didn't have jurisdiction they just refused to waive a time deadline that they could or could not way they could have i mean you asked them to waive it they could have waived it right yes they just didn't do it and the other ones i don't think looking to me looking at the at the opinion it issued a decision on the merits the board didn't say we it said based on a review of his decision meaning the a j's we adopt the recommendation and they then state that affirmative defenses were not proved and said you have certain appeal rights and that's a decision of the merits it's not a jurisdictional really well to me they looked at part of the merits and didn't look at the other part because they said we are for close to me what i read in the decision tribunals do that all the time if if for some reason a party thales to file on time the court can choose as a matter of discretion to accept the late filing who are not to accept it and that's not what they said petitioner has failed to file a timely appeal they had thirty days and they were notified in the final order from the m s p that they had thirty days to file that appeal but that is a question for the district court isn't it that thirty would be a reason that the district court it's excuse that failure to file within the thirty day it certainly could be your honor and then i really think that that's a decision that the district court should make not us surely that's a decision that the district be just like to point out the fact that mr perkins was represented by counsel when they received the final order and as counsel points out mr perkins is educated in the law as well as counsel being educated and a member of the  c and and then there's a reference also to the district court but there's no unlike often unlike the usual mentioned in my letter i contacted miss water they all i asked her to advise the government as to mr perkins position with respect to waiving any for any discrimination claims and misled or don't represent that that was not in fact mr perkins intention that ban tended to retain their ability or entitle them to waive any discrimination claims and for that reason we agree with the court that partner controls and this court this matter ought to be dismissed  because it's not properly before the court so then just as a matter of general practice i for one would appreciate a case like this that the department addresses jurisdiction which is as judge hughes was indicating often messy and when we have to go rooting around and figuring stuff out for selves that you may already have sought about it's something of a waste of time and we had to go through this this process because it it seemed