Cite as: 534 U. S. 1 (2001)
Opinion of the Court
O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Scalia, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Thomas, J., filed a concurring opinion, post, p. 11. Ginsburg, J., filed an opinion concurring in the judgment, post, p. 14.
Gregory G. Garre argued the cause for petitioner. With him on the briefs were Solicitor General Olson, former Acting Solicitor General Underwood, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Clement, David M. Cohen, Todd M. Hughes, David B. Stinson, Mary Anne Gibbons, Lori J. Dym, and Stephan J. Boardman.
Henk Brands argued the cause and filed a brief for respondent.*
Justice O'Connor delivered the opinion of the Court.
The Civil Service Reform Act of 1978 allows eligible employees to appeal termination and other serious disciplinary actions to the Merit Systems Protection Board. 5 U. S. C. §§ 7512-7513. The Federal Circuit ruled that, when assessing the reasonableness of these actions, the Board may not consider prior disciplinary actions that are pending in collectively bargained grievance proceedings. 212 F. 3d 1296, 1298 (2000). Because the Board has broad discretion in determining how to review prior disciplinary actions and need not adopt the Federal Circuit's rule, we now vacate and remand for further proceedings.
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Respondent Maria Gregory worked for petitioner United States Postal Service as a letter technician with responsibil*Briefs of amici curiae urging affirmance were filed for the American Federation of Government Employees, AFL-CIO, by Mark D. Roth and Charles A. Hobbie; for the National Association of Letter Carriers, AFL- CIO, by Keith E. Secular; for the National Employment Lawyers Association by Edward H. Passman and Paula A. Brantner; and for the National Treasury Employees Union by Gregory O'Duden, Barbara A. Atkin, and Kerry L. Adams.
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