This morning the Federal Circuit released two nonprecedential opinions and one Rule 36 summary affirmance. The first nonprecedential opinion comes in an appeal from a decision of an arbitrator in a case in which a former employee of the Department of Veterans Affairs challenged her 90-day suspension and requirements she agree to random drug testing and the release of her medical records. The second nonprecedential opinion comes in an appeal from the Merit Systems Protection Board. Here are the introductions to the opinions and a link to the summary affirmance.
Gribble v. Department of Veterans Affairs, Sioux Falls VA Health System (Nonprecedential)
Tracy Gribble petitions for review of an arbitrator’s final decision mitigating her penalty for workplace misconduct from removal to a 90-day suspension without back pay. She also challenges the arbitrator’s requirements that she agree to random drug testing and the release of her medical records to her employer. We affirm.
Platt v. Department of Homeland Security (Nonprecedential)
David B. Platt petitions for review of a final order of the Merit Systems Protection Board (“Board”) affirming a denial of his individual right of action (“IRA”) claim alleging whistleblower retaliation. See Platt v. DHS, No. AT1221-14-0790-W-2 (M.S.P.B. Apr. 17, 2023) (J.A. 24-43) (“Decision”). For the following reasons, we affirm.