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Anthony Brown v. District of Columbia Public Employee Relations Board

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Submitted February 25, 2010

Before PRYOR, TERRY, and STEADMAN, Senior Judges.

Appellant, Anthony Brown, appeals from an order of the Superior Court which denied review of a decision by the Public Employee Relations Board (“PERB”) terminating his employment with the Metropolitan Police Department. He argues that the PERB lost jurisdiction over his case when it took more than the 120 days allowed by statute to issue a decision. He also contends that, because the so-called Douglas factors*fn1 were not considered by the arbitrator in his final decision, the penalty determination should be reversed. We reject the first argument on the merits, decline to consider the second because it was not raised below, and affirm the trial court’s order.

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