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DEVINE v. GOODSTEIN

No. 81-1230.

680 F.2d 243 (1982)

Donald J. DEVINE, Director, Office of Personnel Management, Petitioner, v. Barnett M. GOODSTEIN, Arbitrator, American Federation of Government Employees, National Immigration and Naturalization Service Council, and Norman Fisher, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 4, 1982.

Attorney(s) appearing for the Case

Susan Sleater, Atty., Dept. of Justice, Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, and William Kanter, Atty., Dept. of Justice, Washington, D. C., were on the brief, for petitioner.

Mark D. Roth, Washington, D. C., with whom James R. Rosa, Washington, D. C., was on the brief, for respondent American Federation of Government Employees.

Christopher Sanger, Washington, D. C., entered an appearance for respondent Barnett M. Goodstein.

Before WRIGHT and WALD, Circuit Judges, and BONSAL, Senior District Judge.

Opinion for the court PER CURIAM.

PER CURIAM:

The Director of the Office of Personnel Management (OPM) petitions this court for review of an award by Arbitrator Barnett Goodstein. The issue presented is whether the Fifth Amendment excuses a federal employee from giving a report of his official conduct to his supervisors. Because the arbitrator erred in his application of constitutional law, we reverse his award as to the charge of employee insubordination...

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