The following listing of pending court litigation involving the FLRA is
updated periodically. It is current through
July 31, 2008. The
listing is arranged alphabetically by case caption.
Association
of Civilian Technicians, New York State Council v. FLRA,
No. 07-1450 (U.S. Apr. 17, 2008) (seeking review of 507 F.3d 697 (D.C. Cir. 2006),
reh’g denied (Jan. 18, 2008)).
The
union filed petition for a writ of certiorari with the Supreme Court seeking
to review the D.C. Circuit’s dismissal of the union’s petition for review
for lack of jurisdiction (507 F.3d 697 (D.C. Cir. 2006), reh’g denied (Jan. 18, 2008)). The underlying Authority decision denied the union's
exceptions to an arbitration award concerning the agency's implementation of a
new smoking policy. (60 FLRA 890 (2005); reconsideration denied,
61 FLRA
(No. 134) 664 (2006).
Association of Civilian
Technicians, Puerto Rico Army Chapter v. FLRA, No. 07-1422 (D.C. Cir.
filed Oct. 18, 2007), reviewing on
remand (60 FLRA (No.180) 1000 (2005); reconsideration denied
62 FLRA
(No. 38) 144 (2007).
The
union seeks review of an Authority decision and order on remand, which
dismissed petitioner's negotiability appeal. The appeal concerns the agency
head’s disapproval of a collective bargaining agreement’s provision
requiring the agency to reimburse employees for loss of funds expended in the
planning of leave when the agency has approved the leave and then cancelled
it.
National
Air Traffic Controllers Association, AFL-CIO v. FLRA, FSIP, and FAA,
No. 1:08-cv-00481 (D.D.C. filed Mar. 21, 2008).
The
union seeks declaratory judgment and injunctive relief finding that the Panel
has jurisdiction over impasses between the FAA and labor organizations
representing its employees. In
prior litigation, the District Court dismissed a similar complaint for lack of
jurisdiction. NATCA and PASS
v. FSIP and FLRA, No. 04cv00138 (D.D.C. Feb. 22, 2005), aff’d 437 F.3d
1256 (D.C. Cir. 2006).
National Labor Relations
Board Union and National Labor Relations Board PA v. FLRA, No. 08-1229
(D.C. Cir. filed June 24, 2008), reviewing 62 FLRA (No. 76) 397 (2008).
The union seeks review of an Authority decision holding that proposals
addressing the process that the agency’s Office of
Equal Employment Opportunity will follow when investigating formal EEO
complaints were outside the duty to bargain.
The union also seeks review of the Authority’s denial of its motion
to excuse the untimeliness of its response to the agency’s statement of
position.
National Treasury
Employees Union v. FLRA, No. 08-1015 (D.C. Cir. filed Jan. 16, 2008), reviewing
(62 FLRA (No. 51) 267 (2007).
The
union seeks review of an Authority decision and order holding that certain
proposals concerning grooming standards were outside the duty to bargain.
Securities and Exchange Commission v. FLRA, No. 08-1256 (D.C. Cir. filed July 30, 2008),
reviewing 62 FLRA (No. 82) 432 (2008).
The agency seeks review
of the Authority’s final order holding that the agency committed unfair labor practices in violation
of the Statute when it instituted a new pay system for employees and terminated the previous system for
within-grade increases (WIGIs) and quality-step increases (QSIs) without bargaining with the union to
the extent required by the Statute.