United States Postal Service v. Gregory

Although I join the Court’s judgment, I do so ón grounds not stated in the Court’s opinion. I note first that under Bolling v. Department of Air Force, the Board’s review of prior disciplinary actions pending in negotiated grievance proceedings requires, in eases like this one, only that the Board determine whether an agency action was “clearly erroneous.” 8 M. S. P. B. 658, 660 (1981). This summary and highly deferential standard is arguably inconsistent with the statutory requirement that the Board sustain a decision of an agency “only if . . . [it] is supported by a preponderance of the…