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Bieber v. Dep't of the Army

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Petitioner Robert Bieber appeals from the final decision of the Merit Systems Protection Board (“Board”) denying review of a decision of the administrative judge sustaining Bieber’s removal from service from the Department of the Army (“Army”) for insubordination, disrupting the workplace, and making a false statement concerning his supervisor. The primary question in this case is whether the administrative judge’s conduct during a hearing deprived Bieber of due process. Because we conclude that the administrative judge’s actions did not rise to the level of a due process violation and that the Board’s findings are supported by substantial evidence, we affirm.

I.

Bieber was a management analyst for the Army in Fort Leavenworth, Kansas, until his removal effective July 9, 1999. Before his removal, Bieber had several confrontations with co-workers and supervisors, stemming from Bieber’s concerns that his co-workers wore inappropriate casual clothing and that his supervisors failed to provide adequate guidance as to what clothing was appropriate.

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