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GREENSTREET v. SOCIAL SECURITY ADMIN.

No. 2007-3312.

543 F.3d 705 (2008)

Lance GREENSTREET, Petitioner, v. SOCIAL SECURITY ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

September 24, 2008.

Attorney(s) appearing for the Case

Phillip R. Kete, American Federation of Government Employees, of Baltimore, MD, argued for petitioner.

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.

Before NEWMAN, LOURIE, and LINN, Circuit Judges.

LINN, Circuit Judge.

In this case, we are called upon to determine whether a "time served" disciplinary suspension is arbitrary. Petitioner Lance Greenstreet ("Greenstreet") was terminated from his position at the Social Security Administration ("SSA"). In a written decision issued 342 days after Greenstreet's termination, an arbitrator concluded that termination was an excessive penalty and ordered Greenstreet reinstated without back pay. In re Am. Fed'n of Gov...

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