Klees-Wallace v. Fed. Commun. Comm'n, No. 15-3067 (Fed. Cir. 2016)
Annotate this CasePetitioner Louise 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 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 Klees-Wallace to return to work with the FCC pursuant to certain conditions. Klees-Wallace appealed an arbitration Opinion and Interim Award of Mary Bass (“Arbitrator”), who determined Klees-Wallace was deprived of certain procedural rights during her removal from employment, and remanded the matter for a new determination. After review, the Federal Circuit Court of Appeals concluded that the arbitration Opinion and Interim Award was not a "final order or final decision," and therefore the Court lacked jurisdiction to hear the appeal. The appeal was dismissed.
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