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CORNELIUS v. NUTT

No. 83-1673.

472 U.S. 648 (1985)

105 S.Ct. 2882

86 L.Ed.2d 515

CORNELIUS, ACTING DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT v. NUTT ET AL.

Supreme Court of United States.

Decided June 24, 1985

Attorney(s) appearing for the Case

Charles A. Rothfeld argued the cause pro hac vice for petitioner. With him on the briefs were Solicitor General Lee, Acting Assistant Attorney General Willard, Deputy Solicitor General Geller, David M. Cohen, and George M. Beasley III.

Charles A. Hobbie argued the cause for respondents. With him on the brief was Mark D. Roth.*

JUSTICE BLACKMUN delivered the opinion of the Court.

Under the Civil Service Reform Act of 1978, Pub. L. 95-454, 92 Stat. 1111, a federal employee may challenge agency disciplinary action by appealing the agency's decision to the Merit Systems Protection Board (Board). If, however, the employee is a member of a collective-bargaining unit of federal employees, he, in the alternative, may challenge the disciplinary action by pursuing any grievance and arbitration procedure...

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