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The Arbitrator also concluded that the Agency violated § by “fail[ing] to review” the grievant’s status on the do-not-arm list within 180 days of placing him on that list.[4] However, the Arbitrator found that neither of those violations directly resulted in the grievant losing pay.Specifically, she stated that although the grievant would have received eight hours of overtime pay per week in his normal position, any loss of pay resulted from his reassignment, not the Agency’s violations.But they are also “Federal civilian employee[s]” who are “assigned to a civilian position.” As a result, dual- status technicians are “afforded the benefits and rights generally provided for federal employees in the civil service,” including rights under the FSLMRS. Du Vall, for instance, repeatedly used the word “nigger” and disparaged Taylor’s wife, who is white.In February 2014, the Guard concluded an investigation into misconduct at its training base in Grayling, Michigan. David Leopold Lowenstein appeals the decision of the Merit Systems Protection Board (“Board”) denying him relief in his Individual Right of Action (“IRA”) appeal. Lowenstein worked as a chiropractor for the Department of Veterans Affairs (“Agency”) in the Iowa City VA Health Care System. His letter of resignation cites harassment and a hostile work environment that aggravated an illness and his veterans disability, and made his work circumstances intolerable. In addition, Taylor claims that on separate occasions the two lieutenants and Fire Chief Terrence Hughes said that black firefighters “don’t belong” in the fire station.

Taylor refused the blood test but agreed to take a breathalyzer test, which showed no trace of alcohol in his system. Doctor Novak did not have hospital privileges to implant or change ICD devices, however, he agreed to perform these surgeries. Novak was about to begin surgery, operating room staff contacted Jonathan Kates, M. Michael Farrell, Somerset’s Chief Executive Officer, assembled a task force of administrators to investigate the circumstances of the surgeries; ... So when Chastity Jones, a black woman, refused to remove her dreadlocks, CMS rescinded her employment offer. Plaintiff-Appellant Kristin Phillips (“Phillips”) brought suit against Caris Life Sciences, Inc., and Miraca Life Sciences, Inc. Over the course of her employment with Caris, Phillips complained that she was sexually harassed by David Heddon (“Heddon”), a former co-worker. The Agency, considering both incidents of misconduct together, suspended the grievant for ten days.Lieutenant Manning then drove Taylor to a nearby hospital for the procedure. The Navy subsequently initiated removal proceedings for Mr. It issued him a notice of proposed removal on March 28, 2012, based on his failure to maintain the requisite security clearance. Morrison pro- tested the proposed removal, but on July 13, 2012, Regional Fire Chief Stephan Cox wrote a letter finalizing the decision to remove him. The Agency sent the grievant a memorandum informing him that it was initiating an investigation into that misconduct, reassigning him to a limited-duty position, and temporarily revoking his authorization to carry a firearm by placing him on the Agency’s do-not-arm list.Although Mc Cullough’s written order did not mention a blood test, Mc Cullough testified that he told the hospital staff, through Manning, to administer one. Kates’ approval at the time he performed the surgeries. Approximately three months later, the Agency proposed to suspend the grievant.Hoping to impose discipline short of firing Taylor, Hughes offered him a brief three‐day suspension. 11th Circuit Decision: Under our precedent, banning dreadlocks in the workplace under a race-neutral grooming policy—without more—does not constitute intentional race-based discrimination. In response to Phillips’s complaint, Grybeck sent an email to his sales team, admonishing them for spreading rumors and warning that any additional reports of similar behavior would result in disciplinary action in the form of a write-up. Morrison petitions for review of a decision of the Merit Systems Protection Board (“MSPB” or “Board”) relating to his retirement from a civilian position with the Department of the Navy. The Union did not challenge the grievant’s suspension but filed a grievance alleging that the Agency violated the parties’ agreement and the instruction by placing the grievant on the do-not-arm list.Taylor refused to accept this discipline, however, so Hughes fired him, citing “insubordinate and threatening behavior.” The following month, Taylor filed a complaint with the EEOC. First, dreadlocks are not, according to the EEOC’s proposed amended complaint, an immutable characteristic of black individuals. Grybeck also subsequently arranged a lunch meeting between himself, Heddon and Phillips to “clear the air,” after which Heddon apologized to Phillips and took responsibility for his action; Heddon did not make additional sexual advances towards or comments about Phillips. DID NAVY TRICK HIM TO RETIRE BY EXERCISING "A LACK OF CANDOR" ? Because the Board’s ruling was not a “final order” or a “final decision” in his case, we dismiss Mr. The parties could not resolve the grievance, and the Union submitted the dispute to arbitration.

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