HORNER v. BELL

Appeal No. 86-1698.

825 F.2d 382 (1987)

Constance HORNER, Director, Office of Personnel Management, Petitioner, v. Henry BELL and American Federation of Government Employees, Local 1923, Respondents.

United States Court of Appeals, Federal Circuit.

July 16, 1987.


Attorney(s) appearing for the Case

Stephen J. McHale, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for petitioner. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Asst. Director.

Charles H. Hobbie, Deputy General Counsel, American Federation of Government Employees, AFL-CIO, Washington, D.C., argued for respondents. With him on the brief was Mark D. Roth, General Counsel.

Before FRIEDMAN, RICH and DAVIS, Circuit Judges.


FRIEDMAN, Circuit Judge.

Upon determining that the respondent Bell's performance had been unacceptable, the employing agency demoted him from grade GS-10 to grade GS-5. On review of that decision, an arbitrator upheld the determination of unacceptable performance but reversed the demotion and directed the agency to reassign Bell to the first available position at grade GS-10 for which he was qualified. The arbitrator took this action because he concluded that the...

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