SEARS v. DEPARTMENT OF THE NAVY

No. 81-1663.

680 F.2d 863 (1982)

Herbert F. SEARS, Petitioner, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, First Circuit.

Decided June 16, 1982.


Attorney(s) appearing for the Case

Robert F. Stewart, Jr., and Karl A. Fritton, Philadelphia, Pa., with whom Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., Raymond J. Daniels and Kirshenbaum & Kirshenbaum, Providence, R. I., were on brief, for petitioner.

Major James Messer, U. S. M. C., Dept. of the Navy, Washington, D. C., with whom Lincoln C. Almond, U. S. Atty., and Robert L. Gammell, Asst. U. S. Atty., Providence, R. I., were on brief, for respondent.

Before COFFIN, Chief Judge, and ALDRICH and BREYER, Circuit Judges.


BREYER, Circuit Judge.

The Civil Service Reform Act of 1978 provides that, when an agency examines an employee as part of a possible disciplinary investigation, it must allow a union representative to be present if the employee so requests. 5 U.S.C. § 7114(a)(2)(B). The statute states specifically that each agency "shall annually inform its employees" of this right. Id. § 7114(a)(3). The sole significant legal issue in this case is whether the Navy...

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