United States Federal Circuit

Arbitrator's decision denying plaintiff's grievance is reversed and remanded, where: 1) the ex parte communications from this case were so substantial and so likely to cause prejudice that no employee can fairly be required to be subjected to a deprivation of property under these circumstances so plaintiff is entitled to a new constitutionally correct removal procedure; 2) because the deciding official relied on ex parte communications that were not part of the original proposal for removal, defendant committed procedural error; and 3) the deciding official and the arbitrator erred in basing their decisions, in part, upon similar instances of past misconduct.

Appellate Information

• Decided 02/12/2013
• Published 02/12/2013

Judges

• REYNA

Court

• United States Federal Circuit

Counsel