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DEVINE v. LEVIN

Appeal No. 83-952.

739 F.2d 1567 (1984)

Donald J. DEVINE, Director, Office of Personnel Management, Petitioner, v. Edward LEVIN, Arbitrator, and American Federation of Government Employees, Local 1917, Respondents.

United States Court of Appeals, Federal Circuit.

July 12, 1984.

Attorney(s) appearing for the Case

George M. Beasley, III, Washington, D.C., argued for petitioner.

J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Washington, D.C., were on brief for petitioner.

James F. Hicks, Washington, D.C., of counsel.

Gay Snyder, New Brunswick, N.J., argued for respondents.

Mark Roth, Washington, D.C., was on brief for respondents.

Before BALDWIN, MILLER and SMITH, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

In this arbitration case, Donald J. Devine, director of the Office of Personnel Management (OPM), petitions this court for review of an arbitrator's award reducing a civilian employee's misconduct penalty from a 30-day suspension to a written reprimand, on the ground that the grievance was not arbitrable. We exercise our statutory discretion to assume jurisdiction over the petition and reverse...

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