United States Federal Circuit

An arbitrator's dismissal of petitioner's labor dispute for failure to timely file a request for arbitration is reversed and remanded for further proceedings, where: 1) the requirement in Article 34, Section A of the applicable collective bargaining agreement that a request for arbitration "must be filed no later than thirty calendar days after the effective date of the Agency's action" is satisfied when the request is mailed before the thirty-day deadline; and 2) the parties do not dispute that petitioner's union mailed a request for arbitration twenty-eight days after the effective date of the Agency's final decision removing petitioner for misconduct.

Appellate Information

• Decided 03/13/2015
• Published 03/13/2015

Judges

• Hughes

Court

• United States Federal Circuit

Counsel