Legal Opinion
Garcia v. Department of Homeland Security
Court of Appeals for the Federal Circuit
Decided March 13, 2015No. 2014-3048PublishedCited by 6 opinions
1Opinion of the Court
HUGHES, Circuit Judge.
Alberto Garcia appeals from an arbitrator’s dismissal of his labor dispute for failure to timely file a request for arbitration. The applicable collective-bargaining agreement requires that requests for arbitration of adverse actions “must be filed ...- not later than thirty (30) calendar days after the effective date of [the Agency’s] action.” The Arbitrator concluded that the term “must be filed” requires actual receipt by the Agency of the request for arbitration. Because we conclude that the request for arbitration need only be mailed within the 30-day time period,…
2Cases cited7 opinions
- United States v. LombardoSupreme Court of the United States · 1916
- McAbee Construction, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1996
- Wayne B. Harris v. Department of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Salvatore Giove v. Department of TransportationCourt of Appeals for the Federal Circuit · 2000
- Muniz v. United StatesCourt of Appeals for the Federal Circuit · 1992
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Appleberry v. Department of Homeland SecurityCourt of Appeals for the Federal Circuit · 2015
- Buffkin v. DefenseCourt of Appeals for the Federal Circuit · 2020
- Miskill v. Social Security AdministrationCourt of Appeals for the Federal Circuit · 2017
- Muller v. Government Printing OfficeCourt of Appeals for the Federal Circuit · 2016
- Muller v. Government Printing OfficeCourt of Appeals for the Federal Circuit · 2016
1 more not listed; retrieve them via the Exa API.