Federal Labor Relations Authority
Office of the Solicitor
Closed Court Litigation
(Current As of 07/31/08)

Tenth Circuit

American Federation of Government Employees, AFL-CIO, Local 2263 v. FLRA, No. 05-9543 (10th Cir. 2006), reviewing 60 FLRA 791.

The Tenth Circuit denied the union's petition for review.  The union sought review of an Authority decision finding that the agency did not commit ULPs for failing to provide the union with requested information under § 7114(b)(4) of the Statute because the union did not meet its burden of articulating and establishing a particularized need for the information. 

American Federation of Government Employees, AFL-CIO, Local 1592 v. FLRA, 288 F.3d 1238 (10th Cir. 2002), reviewing Case No. 0-NG-2577.

The Tenth Circuit affirmed the Authority’s decision dismissing the union’s negotiability appeal for failure to serve the "head of the agency." Under 5 U.S.C. § 7117(c)(2)(B), a union filing a negotiability appeal with the Authority must furnish a copy of the petition to the "head of the agency." The union claimed that service on the Secretary of the Air Force met the statutory requirements in this case, and declined to comply with an Authority order to serve the Secretary of Defense. The court agreed with the Authority’s interpretation of the Statute, and concluded that for this particular case, the Secretary of Defense is the "head of the agency" for purposes of the service requirements of § 7117(c)(2)(B). The court also rejected the union’s arguments that the Authority’s actions were "arbitrary and capricious," noting in particular that the Authority’s order to show cause gave the union adequate notice of the service requirements and an opportunity to take corrective action.  

Macharia v. FLRA, No. 99-1537 (10th Cir. May 16, 2000)[unpublished decision], reviewing Case Nos. DE- CO-60029, DE-CO-60755, and DE-CA-80162.

The Tenth Circuit dismissed as untimely an individual's appeal of a district court decision dismissing a challenge to the General Counsel's refusal to issue an unfair labor practice complaint.

Tinker Air Force Base, Oklahoma City Air Logistics Center, Oklahoma City, Oklahoma v. FLRA, 321 F.3d 1242 (10th Cir. 2002), reviewing Case No. DA-CA-90328.

The Tenth Circuit dismissed the agency’s petition for review of an unexcepted-to-ALJ decision for lack of subject matter jurisdiction and enforced the Authority’s order adopting the ALJ decision. The agency’s exceptions had not been received by the Authority within the prescribed time limit because they had not been addressed as required by Authority’s regulations and as the agency had been instructed by the ALJ. The court found that by failing to file timely exceptions, the agency had failed to urge its objections before the Authority as required by § 7123(c) of the Statute. In so holding, the Court rejected the agency’s arguments that, among other things, the failure to file timely exceptions should be excused because to do so would have been futile. The Court held that the mere fact that there was Authority precedent contrary to the agency’s position was insufficient to establish futility.