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Johnson v. Dep't of Veterans Affairs, 09-3292

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By FindLaw Staff on November 24, 2010 3:49 PM

Dismissal of former government employer's grievance appeal as untimely vacated

Johnson v. Dep't of Veterans Affairs, 09-3292, concerned a challenge to an arbitrator's dismissal of petitioner's grievance for lack of jurisdiction in finding petitioner's grievance appeal untimely In a former government employee's request for arbitration regarding her discharge from the Department of Veterans Affairs.  In vacating the judgment, the court held that, under the terms of the CBA, petitioner could have, and did, file a letter which simultaneously served as a formal grievance and requested ADR, and it was legal error for the arbitrator to find otherwise.

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