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YOUNG v. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT

No. 2011-3232.

706 F.3d 1372 (2013)

Rayland YOUNG, Petitioner, v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Respondent.

United States Court of Appeals, Federal Circuit.

February 12, 2013.

Attorney(s) appearing for the Case

Matthew H. Solomson , Sidley Austin, LLP, of Washington, DC, argued for petitioner. With him on the brief was Kyle J. Fiet . Of counsel on the brief was Jacob Y. Statman , Snider & Associates, LLC, of Baltimore, Maryland.

Hillary A. Stern , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Brian M. Simkin , Assistant Director.

Opinion for the court filed by Circuit Judge REYNA. Dissenting opinion filed by Circuit Judge PROST.

REYNA, Circuit Judge.

Rayland Young seeks review of the arbitrator's opinion and award, dated August 31, 2011, denying his grievance that challenged his termination. For the reasons set forth below, we reverse the arbitrator's decision and remand for further proceedings consistent with this opinion.

I. BACKGROUND

Mr. Young served as a Public Housing Revitalization Specialist in the Office of Public Housing in the Cleveland, Ohio office of the Department...

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