“The Civil Service Reform Act of 1978 allows eligible employees to appeal termination and other serious disciplinary actions to the Merit Systems Protection Board. 5 U.S.C. §§ 7512–7513. The Federal Circuit ruled that, when assessing the reasonableness of these actions, the Board may not consider prior disciplinary actions that are pending in collectively bargained grievance proceedings.”
“Because the Board has broad discretion in determining how to review prior disciplinary actions and need not adopt the Federal Circuit’s rule, we now vacate and remand for further proceedings.”
