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Klees-Wallace v. FCC

United States Court of Appeals, Federal Circuit

March 10, 2016

LOUISE KLEES-WALLACE, Petitioner
v.
FEDERAL COMMUNICATIONS COMMISSION, Respondent

Petition for review of an arbitrator's decision in No. FMCS 13-58977-A by Mary P. Bass.

ALLISON GILES, National Treasury Employees Union, Washington, DC, argued for petitioner. Also represented by GREGORY O'DUDEN, LARRY JOSEPH ADKINS.

ALLISON KIDD-MILLER, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by ALEXIS J. ECHOLS, BENJAMIN C. MIZER, ROBERT E. KIRSCHMAN, JR., FRANKLIN E. WHITE, JR.

Before DYK, BRYSON, and WALLACH, Circuit Judges.

OPINION

Page 806

Wallach, Circuit Judge.

Petitioner Louise Klees-Wallace appeals the arbitration Opinion and Interim Award of Mary Bass (" Arbitrator" ), who determined Ms. Klees-Wallace was deprived of certain procedural rights during her removal from employment and remanded the matter for a new determination free of procedural error. See FCC v. Nat'l Treasury Emps. Union, No. FMCS 13-58977-A (Nov. 10, 2014) (Bass, Arb.) (J.A. 6-17). For the reasons set forth below, we dismiss the appeal of that interim decision for lack of jurisdiction.

Background

Ms. Klees-Wallace was employed as an Attorney-Advisor in the International Bureau of the Federal Communications Commission (" FCC" ). In May 2011, the FCC proposed removing Ms. Klees-Wallace from employment due to her absence without leave (" AWOL" ) and failure to follow instructions. In June 2012, the parties entered into a last chance agreement (" LCA" ), which allowed Ms. Klees-Wallace to return to work with the FCC pursuant to certain conditions. See J.A. 18-22 (LCA).

Among the conditions of the LCA were procedures by which Ms. Klees-Wallace was required to request leave. In the relevant parts, paragraph 2 of the LCA instructed Ms. Klees-Wallace:

(b) to request leave at least one day in advance of her planned usage of such leave, except in emergencies as determined by her supervisor, in accordance with paragraph nos. 2(e) and 2(f) herein;
(c) to provide her supervisor upon request with medical certification substantiating, in accordance with 5 C.F.R. § 630.401, the need for sick leave or any leave in lieu of sick leave, for any future absences related to her medical condition. The medical documentation must be received by her supervisor within five days after her return to duty. Failure to provide medical documentation may result in the absence being designated as AWOL;
(d) that she must meet all eligibility and documentation requirements found in Articles 27, 28, 29, and 30 of the Basic Negotiated ...

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