Cite as: 534 U. S. 1 (2001)
Thomas, J., concurring
decision, the Postal Service concedes that a remand to the Federal Circuit is necessary to determine the effect of this reversal on respondent's termination. Reply Brief for Petitioner 15-16.
The judgment of the United States Court of Appeals for the Federal Circuit is therefore vacated, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Justice Thomas, concurring.
While I join the Court's opinion as far as it goes, it does not go far enough. The Court concludes that the adequacy of the mechanism the Merit Systems Protection Board used to review prior disciplinary actions pending in collectively bargained grievance proceedings (the so-called Bolling framework) is a question "not before us." Ante, at 7. I think it is.
The Federal Circuit below held that the Board, in assessing the reasonableness of petitioner's decision to terminate respondent, abused its discretion by relying upon prior disciplinary actions that were pending in collectively bargained grievance proceedings. 212 F. 3d 1296, 1300 (2000).
Petitioner now contests the Federal Circuit's holding by arguing that the Board's consideration of prior disciplinary actions subject to pending grievances does not constitute an abuse of discretion because the Board's use of the Bolling framework, see Bolling v. Department of Air Force, 8 M. S. P. B. 658 (1981), provides employees with more than adequate procedural safeguards.1 Brief for Petitioner 27- 28. Respondent, by contrast, counters that the Bolling framework not only is insufficient to prevent the "unfair-1 Petitioner's argument is certainly quite relevant here as the Board Administrative Law Judge below considered prior disciplinary actions in respondent's case pursuant to the Bolling framework. See ante, at 5-6; App. to Pet. for Cert. A-36 to A-37.
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