NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JAMES ALSTON, Petitioner,

v.

SOCIAL SECURITY ADMINISTRATION, Respondent.

____________________

2010-3007 ______________________

Petition for review of an arbitrator’s decision in BW-2009-R-0004, by Barry E. Shapiro.

______________________

JUDGMENT ______________________

JAMES W. RICHARD, II, AGE, Local 1923, of Baltimore, Maryland, argued for petitioner.

SCOTT D. AUSTIN, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and BRIAN M. SIMKIN, Assistant Director. Of counsel on the brief was APARNA V. SRINIVASAN, Attorney, Office of the General Counsel, Social Security Administration, of Baltimore, Maryland.

______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (NEWMAN, MAYER, and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

July 21, 2010 /s/ Jan Horbaly Date Jan Horbaly Clerk