AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2986, PETITIONER v. FEDERAL LABOR RELATIONS AUTHORITY, RESPONDENT

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Argued November 18, 1997 Decided November 28, 1997

No. 96-1344

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2986,

PETITIONER

v.

FEDERAL LABOR RELATIONS AUTHORITY,

RESPONDENT

Consolidated with

No. 96-1363

On Petitions for Review of Orders of the

Federal Labor Relations Authority

Anne M. Wagner argued the cause for petitioners, with

whom Mark Roth was on the briefs.

Ann M. Boehm, Attorney, Federal Labor Relations Au-

thority, argued the cause for respondent, with whom David

M. Smith, Solicitor, and William R. Tobey, Deputy Solicitor,

were on the brief.

Before: EDWARDS, Chief Judge, WALD and RANDOLPH,

Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM: We dismiss the petitions for review of the

decisions of the Federal Labor Relations Authority ("Authori-

ty") in American Federation of Government Employees, Lo-

cal 2986, 51 F.L.R.A. No. 126 (July 19, 1996), and American

Federation of Government Employees, Local 3006, 51

F.L.R.A. No. 142 (July 31, 1996), for want of jurisdiction.

In these cases, Locals 2986 and 3006 of the American

Federation of Government Employees ("Unions") sought sev-

erance pay pursuant to 5 U.S.C. § 5595 (1994 & Supp. 1996),

on behalf of former civilian technicians of the National Guard

who were terminated from their positions because of their

failure to maintain membership in the National Guard. In

both cases, arbitrators awarded severance pay to the former

technicians, and the National Guard Bureau filed exceptions

to the arbitration awards with the Authority. The Authority

purported to review the arbitrators' decisions under 5 U.S.C.

§ 7122(a) (1994); in each case, the Authority overturned the

awards granting severance pay. The Unions seek review of

the Authority's decisions, claiming that the Authority did not

have jurisdiction under § 7122(a) to consider the National

Guard Bureau's exceptions to the arbitration awards.

This court lacks jurisdiction under 5 U.S.C. § 7123 to

review the Authority's decisions in these cases. We do not

discern a violation of a clear statutory mandate by the

Authority which would warrant judicial intervention under

standards of the sort enunciated in Leedom v. Kyne, 358 U.S.

184 (1958), and like precedent. Moreover, this case does not

come within the compass of the holding in United States

Dep't of Treasury v. FLRA, 43 F.3d 682 (D.C. Cir. 1994),

pursuant to which this court might have jurisdiction to review

the Authority's decisions. Accordingly, the petitions for re-

view are dismissed.

Footnotes

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Argued November 18, 1997 Decided November 28, 1997

No. 96-1344

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2986,

PETITIONER

v.

FEDERAL LABOR RELATIONS AUTHORITY,

RESPONDENT

Consolidated with

No. 96-1363

On Petitions for Review of Orders of the

Federal Labor Relations Authority

Anne M. Wagner argued the cause for petitioners, with

whom Mark Roth was on the briefs.

Ann M. Boehm, Attorney, Federal Labor Relations Au-

thority, argued the cause for respondent, with whom David

M. Smith, Solicitor, and William R. Tobey, Deputy Solicitor,

were on the brief.

Before: EDWARDS, Chief Judge, WALD and RANDOLPH,

Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM: We dismiss the petitions for review of the

decisions of the Federal Labor Relations Authority ("Authori-

ty") in American Federation of Government Employees, Lo-

cal 2986, 51 F.L.R.A. No. 126 (July 19, 1996), and American

Federation of Government Employees, Local 3006, 51

F.L.R.A. No. 142 (July 31, 1996), for want of jurisdiction.

In these cases, Locals 2986 and 3006 of the American

Federation of Government Employees ("Unions") sought sev-

erance pay pursuant to 5 U.S.C. § 5595 (1994 & Supp. 1996),

on behalf of former civilian technicians of the National Guard

who were terminated from their positions because of their

failure to maintain membership in the National Guard. In

both cases, arbitrators awarded severance pay to the former

technicians, and the National Guard Bureau filed exceptions

to the arbitration awards with the Authority. The Authority

purported to review the arbitrators' decisions under 5 U.S.C.