August 6, 2018
Graviss was employed as a teacher by the Department of Defense when she was terminated. She pursued arbitration as covered by her collective bargaining agreement, and the arbitrator enforced the removal. More than 60 days after the arbitrator posted the decision, but less than 60 days after Graviss received the mail, Graviss petitioned for review of the arbitrator’s decision, and the panel reversed, but the full court reviewed en banc and vacated the panel’s decision to decide whether or not she had appealed within 60 days. The Court of Appeals decided that the deadline was 60 days from the date that the arbitrator posted the decision, not from the day that Graviss received the decision, and as such, they did not have jurisdiction over the issue.
Read the entire decision here.
Attorney Angel did not represent this plaintiff, but he does represent plaintiffs in front of the MSPB and the federal courts of appeals.