Supreme Court of the United States
United States Postal Service v. Gregory
November 13, 2001534 U.S. 1
Summary
The Court vacated the Federal Circuit’s judgment because the Merit Systems Protection Board may independently review prior disciplinary actions that remain subject to collective-bargaining grievance proceedings, and the Federal Circuit could not categorically prohibit the Board from considering them. The Court did not decide whether the Board’s particular review method satisfies the governing statutory standards, but held that the Board’s authority to review a termination includes consideration of prior discipline relevant to the reasonableness of the overall penalty. The Court remanded for consideration of the effect of the disciplinary action that had already been overturned. Justice Ginsburg and Justice Thomas concurred in the judgment but addressed the adequacy and statutory basis of the Board’s review process differently.
Holding
- Consideration of prior discipline subject to pending grievances. The Board may independently review and consider prior disciplinary actions that remain subject to pending grievance proceedings; the Federal Circuit could not impose a categorical rule forbidding their use.
- Effect of disciplinary action overturned before Board review concluded. The case had to be remanded because one disciplinary action relied upon in the termination decision had been overturned in arbitration before the Board finalized its review, requiring consideration of the effect of that reversal on the termination.
Docket 00-758
Cited authorities
- 5 U.S.C. §§7512-7513
- 5 U.S.C. §7511
- 5 U.S.C. § 7703
- 5 U.S.C. § 7703
- 5 U.S.C. § 706
- 5 U.S.C. § 7701
- 5 U.S.C. §§7512-7513