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GRIGSBY v. U.S. DEPT. OF COMMERCE

Appeal No. 83-792.

729 F.2d 772 (1984)

William F. GRIGSBY and the National Weather Service Employees Organization, Petitioners, v. U.S. DEPARTMENT OF COMMERCE, National Weather Service, Respondent.

United States Court of Appeals, Federal Circuit.

March 12, 1984.

Attorney(s) appearing for the Case

Richard J. Hirn, Washington, D.C., argued, for petitioners.

Alexander Younger, Washington, D.C., argued, for respondent. With him on the brief were J. Paul McGrath, Asst. Atty. Gen., and David M. Cohen, Director, Washington, D.C.

Before KASHIWA, MILLER and SMITH, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

In this civilian removal case, petitioner Grigsby appeals from the ruling of an arbitrator sustaining Grigsby's removal from his position with the National Weather Service. We affirm.

Issues

The principal issue raised by this appeal is whether Grigsby was a probationary employee at the time of his removal and, therefore, was not entitled to the benefit of procedures provided in 5 U.S.C. § 7513 and 5 C.F...

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