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DEVINE v. SUTERMEISTER

Appeal No. 83-813.

724 F.2d 1558 (1983)

Donald J. DEVINE, Director, Office of Personnel Management, Petitioner, v. R.A. SUTERMEISTER, Arbitrator; United States Customs Service, San Francisco Region; and National Treasury Employees Union, Respondents.

United States Court of Appeals, Federal Circuit.

December 14, 1983.

Attorney(s) appearing for the Case

Lenore C. Garon, Washington, D.C., argued for petitioner. With her on the brief were J. Paul McGrath, Asst. Atty. Gen., and David M. Cohen, Washington, D.C., Director.

Kerry L. Adams, Washington, D.C., argued for respondent. With her on the brief were Robert M. Tobias, General Counsel, Lois G. Williams, Washington, D.C., Director of Litigation and David Handsher, San Francisco, Cal.

Before KASHIWA, BENNETT and MILLER, Circuit Judges.

BENNETT, Circuit Judge.

Donald J. Devine, Director of the Office of Personnel Management (OPM), brings this petition for review of an award by R.A. Sutermeister (arbitrator) that mitigated the removal of the grievant, Richard Walton, to a 30-day suspension. OPM also named the United States Customs Service (the employing agency) and the National Treasury Employees Union (NTEU) as respondents. OPM asserts that the arbitrator erred in his application of civil service...

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