Golt

Plaintiff Mary E. Golt (“Mrs.Golt”), individually and as personal representative of the estate of her husband John C. Golt, III (“Mr.Golt”), appeals from the order and final judgment dismissing this action following the grant of summary judgment in favor of the United States and Shawn Dor-cy (collectively “the Government”). Mrs. Golt contends that the district court erred in dismissing her claim against the United States pursuant to the Federal Torts Claims Act (“FTCA”), 28 U.S.C. § 1346 (b), and her claim against Shawn Dorcy pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), based on the alleged wrongful termination of Mr. Golt’s employment with the Army Air Force Exchange Service (“AAFES”) at Malmstrom Air Force Base in Great Falls, Montana. While conceding that, under the law of this circuit, 5 U.S.C. § 7121 (a)(1) preempts employment related claims which fall within collective bargaining agreements, Mrs. Golt contends that “Federal employers should not be entitled to the benefit of § 7121(a)(1) preemption where they have failed to adhere to the [Civil Service Reform] Act’s notice requirements.”

We affirm because we conclude…