Tag: Court Cases
On June 3, the D.C. Circuit again reversed the FLRA for interpreting a law other than its own. The case, involving the negotiability of union proposals limiting Agency Inspector General investigations to procedures bargained with a union, demonstrated the Court’s continuing refusal to defer to an FLRA interpretation of a law other than the one it administers. The author suggests practitioners read the complete decision but addresses the highlights in his article.
When employees are not happy, employers – often unwittingly – pay the price. The author says that federal agency managers must not lose sight of this as they strive to operate with smaller and smaller budgets.
In a negotiability case involving SSA and AFGE, FLRA Member Pizzella reminded the other members of a recent court ruling reversing a decision and taking those members to task for a theory that the court concluded ended up with two separate results on the same issue depending on which process it arose in. Member Pizzella’s opinion is quoted verbatim in the article and the author suggests it’s worth a read by practitioners.
The Merit Systems Protection Board is not the only forum to challenge OPM’s breach of its settlement agreement with a fired employee. He now gets his day in the claims court to seek monetary damages according to the appeals court.
In denying a hearing on the matter (certiorari), the Supreme Court backed the Federal Circuit in setting limits on the MSPB’s jurisdiction to hear appeals of removals or other actions taken by an Agency when an employee loses the ability to hold a “sensitive” government job. As the author points out, many more Federal employees hold positions with a sensitive rating than do those with security clearances.