HESS v. I.R.S.

No. 89-3177.

892 F.2d 1019 (1989)

Gilbert HESS, Petitioner, v. INTERNAL REVENUE SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied February 20, 1990.


Attorney(s) appearing for the Case

Mary Ann Tenuto, Asst. Counsel, National Treasury Employees Union, of Oakland, Cal., argued for petitioner. With her on the brief were Gregory O'Duden, Director of Litigation and Kerry L. Adams, Asst. Director of Litigation, Nat. Treasury Employees Union, of Washington, D.C.

Catherine A. Christman, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for respondent. With her on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and Helene M. Goldberg, Asst. Director. Also on the brief was Gary A. Anderson, Asst. Regional Counsel, I.R.S., of counsel.

Before MARKEY, Chief Judge, BISSELL, and ARCHER, Circuit Judges.


BISSELL, Circuit Judge.

Gilbert Hess appeals an arbitrator's award dismissing his grievance as not being arbitrable. Internal Revenue Serv. Ogden, Utah Serv. Center and the Nat'l Treasury Employees Union (Jan. 8, 1989) (Schedler, Arb.). We vacate and remand.

BACKGROUND

Gilbert Hess, as a tax auditor with the Internal Revenue Service (IRS), was in a bargaining unit represented by the National Treasury Employees Union (NTEU) and covered by the...

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