Gilbert Hess v. Internal Revenue Service
Court of Appeals for the Federal Circuit
1Opinion of the Court
BISSELL, Circuit Judge.
Gilbert Hess appeals an arbitrator’s award dismissing his grievance as not being arbitrable. Internal Revenue Serv. Ogden, Utah Serv. Center and the Nat’l Treasury Employees Union (Jan. 8, 1989) (Schedler, Arb.). We vacate and remand.
BACKGROUND
Gilbert Hess, as a tax auditor with the Internal Revenue Service (IRS), was in a bargaining unit represented by the National Treasury Employees Union (NTEU) and covered by the IRS collective bargaining agreement. Hess was promoted from the bargaining unit to a supervisory position and remained there until he was demoted to tax…
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