Federal Education Association v. Defense

• Court: Court of Appeals for the Federal Circuit
• Decided: May 14, 2018
• Docket: 15-3173
• Status: Published

Opinion

United States Court of Appeals for the Federal Circuit ______________________

FEDERAL EDUCATION ASSOCIATION - STATESIDE REGION, KAREN GRAVISS, Petitioners

v.

DEPARTMENT OF DEFENSE, DOMESTIC DEPENDENTS ELEMENTARY AND SECONDARY SCHOOL, Respondent ______________________

2015-3173 ______________________

Petition for review of an arbitrator’s decision in No. 14-1024-00182-7 by Steven G. Hoffmeyer. ______________________

ORDER ______________________

DOROTHY LOUISE LEE, Federal Education Association Stateside Region, Dublin, OH, for petitioner Karen Gra- viss.

TARA K. HOGAN, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washing- ton, DC, for respondent. Also represented by CLAUDIA BURKE, ROBERT E. KIRSCHMAN, JR., CHAD A. READLER. 2 FEDERAL EDUCATION ASSOCIATION v. DEFENSE

MATTHEW WHITMORE MILLEDGE, Office of General Counsel, American Federation of Government Employees, Washington, DC, for amicus curiae American Federation of Government Employees. Also represented by DAVID A. BORER, ANDRES MYLES GRAJALES.

KATHERINE MICHELLE SMITH, Office of the General Counsel, Merit Systems Protection Board, Washington, DC, for amicus curiae Merit Systems Protection Board. ______________________

Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO, CHEN, HUGHES, and STOLL, Circuit Judges. PER CURIAM. A majority of the active judges of this court have voted to dissolve the en banc court. The case is hereby referred to the original panel for further proceedings. Circuit Judges O’MALLEY and WALLACH dissent.

FOR THE COURT

May 14, 2018 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court