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DEPARTMENT OF COMMERCE v. FLRA

Nos. 91-2188, 91-2239.

976 F.2d 882 (1992)

DEPARTMENT OF COMMERCE, BUREAU OF THE CENSUS, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, v. DEPARTMENT OF COMMERCE, BUREAU OF THE CENSUS, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1992.

Attorney(s) appearing for the Case

Christine N. Kohl, argued (Stuart M. Gerson, Asst. Atty. Gen., Mark B. Stern, on brief), Civil Div., U.S. Dept. of Justice, Washington, D.C., for petitioner.

Richard Zorn, argued (William E. Persina, Sol., William R. Tobey, Deputy Sol., Arthur A. Horowitz, Associate Sol., on brief), Federal Labor Relations Authority, Washington, D.C., for respondent.

Before PHILLIPS and SPROUSE, Circuit Judges, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

Edward Hanlon, formerly an employee of the Bureau of the Census (the Bureau), was discharged on the grounds, inter alia, that he had lodged an excessive number of administrative and judicial employment actions against the Bureau. Upon receiving an informal, written "record of infraction" from his superiors detailing the charges against him, but before he had received any notification of his proposed removal, Hanlon...

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