Legal Opinion

Cruz-Martinez v. Department of Homeland Security

Court of Appeals for the Federal Circuit

Decided June 7, 2005No. 2004-3271PublishedCited by 20 opinions

1Opinion of the Court

PROST, Circuit Judge.

Anibal Cruz-Martinez (“Cruz-Martinez”) petitions for review of an arbitrator’s decision that his grievance over his removal from the United States Department of Homeland Security (“DHS” or “agency”) 1 was not arbitrable. In the Matter of Arbitration Between AFGE Local 2698 and United States Dep’t of Homeland Sec. Re: Anibal Cruz-Martinez, (Mar. 14, 2004) (Zigman, Arb.) (“Cruz-Martinez ”). The arbitrator found that a past practice of closing arbitration cases after one year of inactivity barred consideration of this case on its merits. Cruz-Martinez argues that the…

2Cases cited3 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
  3. Steven Gunn and American Federation of Government Employees, Afl-Cio Local 2207 v. Veterans Administration Medical Center, Birmingham, AlabamaCourt of Appeals for the Federal Circuit · 1990

3Cited by20 opinions

  1. United States v. Ford Motor CompanyCourt of Appeals for the Federal Circuit · 2006
  2. Rivera Agredano v. United StatesUnited States Court of Federal Claims · 2006
  3. Kassa v. Kerry, Inc.District Court, D. Minnesota · 2007
  4. Armour of America v. United StatesUnited States Court of Federal Claims · 2011
  5. Burchick Construction Co. v. United StatesUnited States Court of Federal Claims · 2008

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