D.C. Circuit

First Circuit

American Federation of Government Employees, Local 3936, AFL-CIO v. FLRA, 239 F.3d 66 (1st Cir. 2001), reviewing 56 FLRA 174 (2000).

The First Circuit affirmed the Authority's final decision and order finding that in an unfair labor practice proceeding, the Authority lacked jurisdiction over National Guard technician terminations. The court agreed with the Authority "that the plain language of section 709(f)(4) of the Technicians Act categorically precludes review of technician terminations under the Labor-Management Act."

Granite State Chapter, Association of Civilian Technicians v. FLRA, 173 F.3d 25 (1st Cir. 1999), reviewing 54 FLRA 301 (1998).

The First Circuit affirmed the Authority's determination that an agency's refusal to bargain over a proposal for official time for lobbying did not violate the Statute. The Authority had ruled that the proposal was inconsistent with a prohibition in the Agency's Appropriations Act. The court agreed with the Authority's interpretation of the Appropriations Act and affirmed the Authority's holding that the proposal was inconsistent with federal law and therefore not within the Agency's duty to bargain.

Edward S. Davidson, Regional Director, Boston Region, FLRA v. Puerto Rico National Guard, 156th Airlift Wing, Carolina