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HEIMRICH v. DEPT. OF THE ARMY

No. 18-36005.

947 F.3d 574 (2020)

Garry HEIMRICH, Plaintiff-Appellant, v. United States DEPARTMENT OF THE ARMY; Mark T. Esper, Secretary, Department of the Army, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 16, 2020.

Attorney(s) appearing for the Case

Shaun Ryan Yancey (argued), Melville Johnson P.C., Atlanta, Georgia; Craig A. Crispin , Crispin Employment Law PC, Portland, Oregon; for Plaintiff-Appellant.

Jared D. Hager (argued), Assistant United States Attorney; Kelly A. Zusman , Appellate Chief; Billy J. Williams United States Attorney; United States Attorney's Office, Portland, Oregon; for Defendants-Appellees.

Before: Ronald Lee Gilman, Richard A. Paez, and Johnnie B. Rawlinson, Circuit Judges.

OPINION

This case focuses on 5 U.S.C. § 7121(d), a provision of the Civil Service Reform Act of 1978. Section 7121(d) provides that unionized federal employees seeking to bring discrimination claims may "raise the matter" through either (1) their union's negotiated procedure, or (2) their agency's Equal Employment...

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