Montejo v. Labor

Case: 24-1839 Document: 25 Page: 1 Filed: 04/17/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MARIO MONTEJO, Petitioner

v.

DEPARTMENT OF LABOR, Respondent ______________________

2024-1839 ______________________

Petition for review of an arbitrator’s decision in No. FMCS 210513-06675 by Stephen L. Hayford. ______________________

ON MOTION ______________________

Before TARANTO, WALLACH, and CUNNINGHAM, Circuit Judges. WALLACH, Circuit Judge. ORDER The parties jointly move to remand for the arbitrator to more adequately explain the basis of his decision. ECF No. 21. The Department of Labor also moves unopposed to stay briefing pending consideration of the remand motion. ECF No. 21.

Case: 24-1839 Document: 25 Page: 2 Filed: 04/17/2025 2 MONTEJO v. LABOR

The parties note the arbitrator’s decision “amounted” to a determination that a “‘time-served’ suspension” was appropriate without addressing the reasonableness of the suspension in light of the factors set forth in Douglas v. Veterans Admin., 5 MSPB 313 (1981), as required by Greenstreet v. Social Security Admin., 543 F.3d 705 (Fed. Cir. 2008). ECF No. 20 at 3–5. Upon consideration thereof, IT IS ORDERED THAT: (1) The motion for remand is granted to the extent that the arbitrator’s decision is vacated, and this case is re- manded for further proceedings consistent with the motion and this order. (2) The motion to stay is denied as moot. FOR THE COURT

April 17, 2025 Date