Buffkin, a schoolteacher for military children, was fired and challenged her removal through arbitration. Her union requested arbitration later than the agreement provided for, but the agency did not elect to challenge the arbitration request as untimely for four years. The Federal Circuit held that the MSPB and Federal Circuit’s substantive law applied, not the FLRA’s, and therefore, the last day to request arbitration was later than the agency determined and the request for arbitration was not untimely, thereby ruling in Buffkin’s favor. The case was remanded to the arbitrator for further discussion.
Read the opinion here.
Attorney Angel did not represent the plaintiff in this case, but he does represent federal employees in MSPB cases.