Pending Cases

 

 The following listing of pending court litigation involving the FLRA is updated periodically.  The listing is arranged in chronological order. 

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 union'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. 

National Treasury Employees Union v. FLRA, No. 12-1234 (D.C. Cir., filed May 29, 2012).

The union seeks review of an Authority decision (66 FLRA (No. 109) 577 (3/30/12)).  In its decision, the Authority reviewed an award in which the arbitrator found that the agency violated both the parties' agreement and the Statute by increasing the workload of Taxpayer Assistance Service Case Advocates without providing the union with a notice or an opportunity to bargain.  The Authority set aside the arbitrator's finding that the agency violated the Statute,modified the award accordingly, and denied the union's exceptions to the arbitrator's chosen remedies. 

 National Treasury Employees Union v. FLRA, No. 12-1269 (D.C. Cir., filed June 26, 2012).

The union seeks review of an Authority decision (66 FLRA (No. 116) 611 (4/26/12)).  In its decision, the Authority denied the union's exceptions to an award in which the arbitrator found that the agency did not commit an unfair labor practice by delaying bargaining over a grievance and arbitration procedure until the start of term negotiations or by failing to provide the union specific notice of substantive changes that the agency wished to implement before the start of ground rules negotiations.

 United States Department of Justice, Federal Bureau of Prisons v. FLRA, No. 12-1383 (D.C. Cir., filed September 20, 2012).

The agency seeks review of an Authority decision (66 FLRA (No. 152) 819 (7/23/12)).  In its decision, the Authority dismissed in part, denied in part, and granted in part the union's negotiability appeal.  The Authority ruled that a union proposal restricting the types of wristwatches permitted to inmates was an appropriate arrangement, and further ruled that a severed sentence of another proposal was negotiable in the absence of an agency negotiability argument specifically pertaining to that sentence.

 United States Department of Homeland Security, Customs and Border Protection v. FLRA, No. 12-1457 (D.C. Cir., filed November 19, 2012).

The agency seeks review of an Authority decision (66 FLRA (No. 165) 892 (8/22/12), reconsideration denied, 66 FLRA (No. 184) 1028 (9/25/12)).  In its decision, the Authority ordered the agency to rescind its agency head disapproval of a term agreement provision that an employee being interviewed by a representative of the agency, including a representative of the Office of the Inspector General, be given certain rights and protections.

 United States Department of the Treasury, Internal Revenue Service, Office of the Chief Counsel v. FLRA,       No. 12-1456 (D.C. Cir., filed November 20, 2012).

 The agency seeks review of an Authority decision  (66 FLRA (No. 150) 809 (7/20/12), reconsideration denied, 66 FLRA (No. 185) 1030 (9/25/12)).  In its decision, the Authority ordered the agency to rescind its agency head disapproval of a contract provision under which an employee suspected of sick leave abuse must first be counseled before management may require the employee to justify future sick-leave requests.

Broadcasting Board of Governors, Office of Cuba Broadcasting v. FLRA, No. 12-1463 (D.C. Cir., filed November 20, 2012).

The agency seeks review of an Authority decision (66 FLRA (No. 182) 1012 (9/25/12)).  In its decision, the Authority dismissed in part and denied in part the agency's exceptions to an arbitrator's award finding that the agency violated the parties' agreement and the Statute when it implemented a RIF and did not permit impact and implementation bargaining and ordering the RIF to be rescinded.

National Treasury Employees Union v. FLRA, No. 12-2574 (4th Cir., filed December 28, 2012).

The union seeks review of an Authority decision (67 FLRA (No. 7) 24 (10/31/12)), in which the Authority found that the union's proposal, bringing some disputes concerning the separation of probationary employees within the scope of the parties' negotiated grievance procedures, was outside the duty to bargain.