United States Federal Circuit

In a grievance arising from defendant's termination of plaintiff-employee, an arbitrator's decision reinstating plaintiff without back pay is affirmed in part, vacated in part, and remanded where the denial of back pay converted plaintiff's termination into a suspension based solely on his "time served," i.e., the time he spent awaiting a decision on his grievance, and such a suspension is arbitrary.

Appellate Information

• Decided 09/24/2008
• Published 09/24/2008

Judges

• LINN, Circuit Judge., Before NEWMAN, LOURIE, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Phillip R. Kete, American Federation of Government Employees, of Baltimore, MD, argued for petitioner.


• For Appellees:
  
• Dawn S. Conrad, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.   Of counsel on the brief was Eileen M. Inglesby-Houghton, Senior Attorney, Office of the General Counsel, Social Security Administration, of Baltimore, MD.