[ v60 p233 ]

Dissenting opinion of Chairman Cabaniss:

      I write separately to explain why I believe the Authority, in this case and other cases like it, needs to either affirmatively follow and apply the mixed motive requirements set out in Letterkenny Army Depot, 35 FLRA 113, 118 (1990) (Letterkenny) or quit applying Letterkenny to cases where an agency is charged with improperly disciplining an employee for activity that is protected by the Statute. [n1]  While I believe the latter course of action to be the more appropriate, the present case is an example of what I find to be a misapplication of Letterkenny where an employee has been disciplined for ac