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GARCIA v. DEPARTMENT OF HOMELAND SECURITY

No. 2014-3048.

780 F.3d 1145 (2015)

Alberto GARCIA, Petitioner v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Federal Circuit.

March 13, 2015.

Attorney(s) appearing for the Case

Jason Leonard Aldrich , Gattey and Baranic APLC, San Diego, CA, argued for petitioner.

Daniel S. Herzfeld , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Hillary Stern , Stuart F. Delery , Robert E. Kirschman, Jr. , Kirk Manhardt.

Before DYK, TARANTO, and HUGHES, Circuit Judges.

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...

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