Opinion
2021-2229
04-01-2022
ALYSIA Y. WILLIAMS, Petitioner v. DEPARTMENT OF VETERANS AFFAIRS, Respondent
This order is nonprecedential.
Petition for review of an arbitrator's decision in No. 200610-06970 by John T. Nicholas.
ON MOTION
Before Prost, Reyna, and Cunningham, Circuit Judges.
ORDER
CUNNINGHAM, CIRCUIT JUDGE
The Department of Veterans Affairs moves unopposed to waive the requirements of Federal Circuit Rule 27(f) and remand to allow the arbitrator to reevaluate his determination concerning the standard of proof and the penalty choice of removal in light of this court's intervening decisions in Rodriguez v. Department of Veterans Affairs, 8 F.4th 1290 (Fed. Cir. 2021), and Connor v. Department of Veterans Affairs, 8 F.4th 1319 (Fed. Cir. 2021).
Upon consideration thereof, It Is Ordered That:
(1) The motion is granted. The case is remanded to the arbitrator for further proceedings consistent with the motion and this order.
(2) Each side shall bear its own costs.