United States Federal Circuit

In reversing the removal of defendant from the INS as a border patrol agent, because an arbitrator abused his discretion by substituting his own charge for that of the INS and applied the wrong standard to determine whether defendant's associate was a "suspected narcotics law violator," the arbitrator's decision is reversed.

Appellate Information

• Decided 01/26/2004
• Published 01/26/2004

Judges

• Before MAYER, Chief Judge, NEWMAN and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Todd M. Hughes, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for petitioner.   With him on the brief was David M. Cohen, Director.   Of counsel on the brief were Mark A. Robbins, General Counsel;  Kathie Ann Whipple, Deputy General Counsel;  Steven E. Abow and Becky Kumar, Attorneys, Office of General Counsel, Office of Personnel Management, of Washington, DC.


• For Appellees:
  
• Judith D. Galat, Attorney, American Federation of Government Employees, AFL-CIO, of Washington, DC, argued for respondent.   With her on the brief was Mark D. Roth.