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03-Sep-2017 16:58

Based on its findings, the Guard terminated two dual-status technicians. He was terminated from his job because he engaged in persistent unprofessional behavior. The proposed fourteen-day suspension was sustained on February 10, 2015, during his medical leave, to commence on February 15, 2015. The last racially offensive comment occurred in early 2012, but Taylor did not file an EEOC charge until February 2013.

The terminated technicians appealed this decision through the Guard’s internal administrative process, in which they were represented by their union, the Laborers’ International Union of North America, Local 2132, AFL-CIO (the “union”). He filed an IRA appeal alleging the Agency retaliated against him for protected whistleblowing activity. Lentz appeals the decision of the Merit Systems Protection Board (MSPB or “Board”), holding that his resignation from federal employment was a voluntary act and not a constructive discharge. Lentz’s supervisor issued a letter proposing a fourteen-day suspension for various infractions, citing his management of interns, his behavior toward his supervisors, and his interaction with outside entities. During his employment with the fire department, Taylor repeatedly was accused of smelling of alcohol while on duty, though no one saw him drinking on the job.

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.

Second, the allegations in the complaint do not lend themselves to a reasonable inference that, in applying its grooming policy to dreadlocks, CMS discriminated against Ms. Meanwhile, Phillips’s sales productivity had begun to decline, and she consistently failed to complete required administrative tasks in a timely manner. The Arbitrator found that the Agency had sole discretion to place the grievant on the do-not-arm list and, therefore, that its decision to do so was not subject to review.

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.

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