Mario Montejo v. Department of Labor

N OTE: This order is nonprecedential.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 T ARANTO, WALLACH , and CUNNINGHAM , Circuit
Judges.
WALLACH , Circuit Judge.
O R D E R
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: 1 Filed: 04/17/2025

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MONTEJO v. LABOR 2
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,
I T I S O RDERED T HAT :
(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.
April 17, 2025
Date
F OR THE COURT
Case: 24-1839 Document: 25 Page: 2 Filed: 04/17/2025

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