This morning the Federal Circuit issued a nonprecedential opinion in an employment case appealed from an arbitration decision. The opinion addresses a grievance regarding a former employee’s removal from the U.S. Patent and Trademark Office for alleged unacceptable performance. Here is the introduction to the opinion.

Robinson v. United States Patent and Trademark Office (Nonprecedential)

Binta M. Robinson petitions for review of an arbitration decision dismissing her grievance regarding her removal by the United States Patent and Trademark Office (“PTO” or “agency”) for unacceptable performance. See Pat. Off. Pro. Ass’n v. U.S. Pat. & Trademark Off., No. FMCS 140514-02191-3 (May 29, 2020) (Sharnoff, Arb.) (decision available at J.A. 1–77). The Arbitrator dismissed Ms. Robinson’s grievance for lack of jurisdiction and failure to prosecute due to unreasonable delay. We vacate the Arbitrator’s decision and remand.