RSS FeedsPending Cases
The following listing of pending court litigation involving the FLRA is updated periodically. The listing is arranged in chronological order.
U.S. Department of Commerce, Patent and Trademark Office v. FLRA, No. 11-1019 (D.C. Cir., filed January 26, 2011).
The agency seeks review of an Authority decision (65 FLRA (No. 62) 290 (11/30/10)) in which the Authority dismissed in pert and denied in part exceptions to an arbitrator's award which found that the agency repudiated an enforceable provision of a collective bargaining agreement concerning the rate of pay of patent examiners, and thereby committed an unfair labor practice.
U.S. Department of the Treasury, Bureau of the Public Debt, Washington, D.C. v. FLRA, No. 11-1102 (D.C. Cir., filed April 8, 2011).
The agency seeks review of an Authority decision (65 FLRA (No. 109) 509 (2/14/2011) in which the Authority found within the duty to bargain five provisions disapproved by the agency head. Based on a revise analytical framework, the Authority found the provisions to be appropriate arrangements because they did not abrogate the management rights that the provisions affected.
U.S. Department of the Air Force, Luke Air Force Base, Johnson Air Force Base, Ariz. v. FLRA, No. 11-1281 (D.C. Cir., filed August 12, 2011).
The agency seeks review of an Authority decision (65 FLRA (No. 192) 911 (6/15/2011) in which the Authority found within the duty to bargain two proposals addressing aspects of the reduction-in-force process.
National Association of Independent Labor v. FLRA, No. 11-1299 (D.C. Cir., filed August 25, 2011).
The union seeks review of an Authority decision (65 FLRA (No. 220) 1052 (7/29/2011) in which the Authority denied exceptions of the Office of the General Counsel and NAIL to an Administrative Law Judge’s recommendation that a consolidated complaint be dismissed. The consolidated complaint alleged that the agency violated §7116(a)(1) and (5) of the Statute by repudiating an agreement it reached with the charging parties regarding parking at the agency’s facility. The ALJ, affirmed by the Authority, found that the agreement was contrary to §7114(a)(1) of the Statute because it sought to regulate the conditions of employment in another bargaining unit outside the duty to bargain.
American Federation of Government Employees, AFL-CIO, Local 2798, et al. v. Pope, et al., No. 11-5308 (D.C. Cir., filed November 2, 2011).
This an appeal of a district court decision granting the Authority’s motion to dismiss. The plaintiffs seek review of the General Counsel's declination to issue an unfair labor practice complaint and decision to deny plaintiffs’ request for reconsideration of the declination.
American Federation of Government Employees, Local 1164 v. FLRA, No. 11-1433 (D.C. Cir., filed November 10, 2011).
The union seeks review of an Authority decision (66 FLRA (No. 24) 112 (9/16/11) in which the Authority found a proposal concerning an office relocation and floor plan to be outside the duty to bargain.
Ivey v. FLRA, No. 12-1086 (4th Cir., filed January 23, 2012).
This is an appeal of the decision in Ivey v. FLRA, et al. , Civil Action No. 2:10-cv-00064 (E.D.N.C. 2011), in which the district court granted the Authority's motion to dismiss a complaint challenging the General Counsel's decision to dismiss complainant's unfair labor practice charges.
Corrigan v. FLRA, No. 12-1035 (D.C. Cir., filed February 2, 2012).
This petition for review concerns the General Counsel's decision to dismiss the appellant's unfair labor practice charges.
Taylor v. Colleen Kelly, et al., No. 2:11-cv-02450-JPM (W.D. Tenn., served February 15, 2012.
This is a Title VII action brought against the National Treasury Employees Union and the FLRA.
Chavez v. FLRA. No. 12-60156 (5th Cir., , served March 16, 2012).
Petitioner seeks review of the General Counsel's denial of an appeal of a Regional Director's decision dismissing an unfair labor practice charge for untimeliness.
National Air Traffic Controllers Association v. FLRA, No. 12-1883 (7th Cir., filed April 12, 2012).
The petitioner seeks review of an Authority decision (66 FLRA (No. 90) 467 (2/13/2012)) in which the Authority denied the petitioner's exceptions to the ALJ's Decision on Motions for Summary Judgment, holding that the petitioner had committed unfair labor practices in violation of sections 7114(a)(1) and 7116(a)(b)(1) and (8) of the Statute by acting in bad faith in deliberately amending its seniority policy and applying the amendment retroactively in order to harm certain bargaining unit employees to whom the petitioner owed a duty of fair representation.
National Treasury Employees Union v. FLRA, No. 12-1199 (D.C. Cir., filed April 20, 2012).
The union seeks review of an Authority decision (66 FLRA (No. 94) 506 (2/22/12)). In its decision, the Authority granted in part and denied in part the petitioner's exceptions to an arbitrator's award finding that investigators from the Office of Personnel Management were not representatives of the agency when conducting interviews of new competitive service and excepted service agency employees. The Authority found that the OPM investigators were not representatives of the agency, for purposes of section 7114(a)(2)(B) of the Statute, when they were interviewing the competitive service employees, but were acting under the control of the agency when interviewing the excepted service employees. Thus, the Authority found that the agency violated the Statute and the parties' CBA only when the agency denied union representatives the opportunity to be represented at the interviews of the excepted service employees.