No. 00-758.

534 U.S. 1 (2001)

122 S.Ct. 431

151 L.Ed.2d 323


Supreme Court of United States.

Decided November 13, 2001.

Attorney(s) appearing for the Case

Gregory G. Garre argued the cause for petitioner. With him on the briefs were Solicitor General Olson, former Acting Solicitor General Underwood, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Clement, David M. Cohen, Todd M. Hughes, David B. Stinson, Mary Anne Gibbons, Lori J. Dym, and Stephan J. Boardman.

Henk Brands argued the cause and filed a brief for respondent.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Scalia, Kennedy, Souter, Thomas, and Breyer, JJ.,joined. Thomas, J.,fileda concurring opinion, p. 11. Ginsburg, J., filed an opinion concurring in the judgment, p. 14.

Justice O'Connor, delivered the opinion of the Court.

The Civil Service Reform Act of 1978 allows eligible employees to appeal termination and other serious disciplinary actions to the Merit Systems Protection Board. 5 U. S. C. §§ 7512-7513. The Federal Circuit ruled that, when assessing the reasonableness of these actions, the Board may not consider prior disciplinary actions that are pending in collectively bargained grievance proceedings.

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