United States Federal Circuit
Johnson v. Dep't of Veterans Affairs, 09-3292
In a former government employee's request for arbitration regarding her discharge from the Department of Veterans Affairs, the arbitrator's dismissal of the grievance for lack of jurisdiction in finding petitioner's grievance appeal untimely is vacated and remanded as, under the terms of the CBA, petitioner could have, and did, file a letter which simultaneously served as a formal grievance and requested ADR, and it was legal error for the arbitrator to find otherwise.
Appellate Information
- Decided 11/24/2010
- Published 11/24/2010
Judges
- CLEVENGER
Court
- United States Federal Circuit
Counsel
- For Appellant:
- PHILLIP R. KETE, HILLARY A. STERN