United States Postal Service v. Gregory

Summary

The Court held that the Merit Systems Protection Board may independently review prior disciplinary actions when assessing a termination even though those actions remain subject to negotiated grievance proceedings. The Federal Circuit's categorical prohibition was not required by the Civil Service Reform Act or its narrow standard of judicial review. The Court reserved whether the Board's particular Bolling review procedure was adequate. It vacated and remanded because one prior disciplinary action had been overturned before the Board's decision, requiring consideration of that development under the Board's existing policy. Justice Thomas joined the Court's opinion and separately argued that the Court should also uphold the Bolling procedure. Justice Ginsburg concurred only in the judgment, questioning reliance on Bolling review and emphasizing the Board's reopening authority, Gregory's alternative arbitration remedy, and the questions the Court left unresolved. Neither separate opinion had any joiners.