Martin v. Department of Veterans Affairs

DYK, Circuit Judge.

Petitioner Michael Martin (“Martin”) challenges an arbitrator’s award sustaining his demotion by the Department of Veterans Affairs (“VA”). The VA demoted Martin because he no longer satisfied the conditions of employment as a police officer, having failed to pass the psychological assessment required to carry arms. Even accepting Martin’s argument that the arbitrator may have applied an incorrect standard in reviewing the agency’s decision and impermissibly shifted the burden of proof, we conclude that the arbitrator’s error was harmless because there is no material…