Legal Opinion
Kay Coles James, Director, Office of Personnel Management v. Tim Dale
Court of Appeals for the Federal Circuit
Decided January 26, 2004No. 03-3030PublishedCited by 11 opinions
1Opinion of the Court
Opinion for the court filed by MAYER, Chief Judge. Dissenting opinion filed by PAULINE NEWMAN, Circuit Judge.
MAYER, Chief Judge.
The Office of Personnel Management (“OPM”) challenges the final decision of an arbitrator reversing the removal by the United States Immigration and Naturalization Service (“agency”) of Tim Dale from his position as a border patrol agent. Immigration and Naturalization Serv. v. Dale, FMCS No. 01-0502 (Oct. 5, 2001, and Feb. 18, 2002) (Goodstein, Arb.). Because the arbitrator abused his discretion by substituting his own charge for that of the agency and applied the…
2Cases cited12 opinions
- Gerstein v. PughSupreme Court of the United States · 1975
- Branzburg v. HayesSupreme Court of the United States · 1972
- Department of the Navy v. EganSupreme Court of the United States · 1988
- Loyce E. Hayes v. Department of the NavyCourt of Appeals for the Federal Circuit · 1984
- Janice R. Lachance, Director, Office of Personnel Management v. John E. White, and Merit Systems Protection BoardCourt of Appeals for the Federal Circuit · 1999
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Shirley Zingg v. Department of the Treasury, Irs.Court of Appeals for the Federal Circuit · 2004
- Do v. Dep't of Hous. & Urban Dev.Court of Appeals for the Federal Circuit · 2019
- AFSCME, Council 4, Local 2663 v. Dept. of Children & FamiliesSupreme Court of Connecticut · 2015
- Berry v. ConyersCourt of Appeals for the Federal Circuit · 2012
- Berry v. ConyersCourt of Appeals for the Federal Circuit · 2012
6 more not listed; retrieve them via the Exa API.