Case: 21-2229 Document: 28 Page: 1 Filed: 04/01/2022
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ALYSIA Y. WILLIAMS,
Petitioner
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent
______________________
2021-2229
______________________
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.
CUNNINGHAM, Circuit Judge.
ORDER
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 determi-
nation concerning the standard of proof and the penalty
choice of removal in light of this court’s intervening deci-
sions in Rodriguez v. Department of Veterans Affairs, 8
Case: 21-2229 Document: 28 Page: 2 Filed: 04/01/2022
2 WILLIAMS v. DVA
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 mo-
tion and this order.
(2) Each side shall bear its own costs.
FOR THE COURT
April 1, 2022 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court
ISSUED AS A MANDATE: April 1, 2022
