An employee who retires after the agency issues its decision to remove him, but before the effective date of the removal, may still appeal his removal to the Board. Mays v. Department of Transportation, 27 F.3d 1577, 1578-81 (Fed. Cir. 1994). See Howard Sipe, Appellant, v. Dep’t. of Veteran Affairs, Agency. Doc. No. DE-0752-15-0513-I-1 (August 24, 2022) Whether the employee can appeal to arbitration will be determined by the contract language.

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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