United States Postal Service v. Gregory — Ginsburg, J., concurring

Summary

Justice Ginsburg concurred in the judgment but declined to rely on the Board’s independent review of prior discipline because the relationship between that review and the statutory preponderance-of-the-evidence requirement remained unsettled. She supported remand because the Board could reopen the matter after grievances altered Gregory’s disciplinary record, and because Gregory had chosen MSPB review rather than arbitration. Justice Thomas, concurring separately, would have decided that the Board’s review framework was adequate and that Board review and collectively bargained grievance proceedings were entirely separate.