Clark v. Fed. Labor Relations Auth., No. 13-1261 (D.C. Cir. 2015)
Annotate this CaseThe Union represents employees at the Anniston Army Depot. Clark is a bargaining-unit employee, but not a dues-paying union member. The Union learned that the Depot was assigning employees duties beyond their pay grade without additional compensation and filed a grievance on behalf of all bargaining-unit employees. The parties entered a settlement agreement that provided backpay. The Union was to notify Depot employees and gather information needed for claims. Though Clark had completed work above his pay grade, the Union failed to contact him. When Clark inquired about the settlement, a Union representative asked whether he was a member and told Clark he needed to join. Clark refused. The representative told Clark how to submit a claim. Clark complied. The Depot and the Union agreed to distribute $303,825 among 218 employees the Union had listed. The Union left Clark off the list and put only one non-member on the list. Clark filed an unfair labor practice charge with the FLRA, which alleged that the Union had violated 5 U.S.C. 7114(a)(1) and 7116(b)(8) by giving preferential treatment to union member. Before a hearing, the parties agreed that the Union would pay Clark $1,970, but 55 other nonunion employees would receive $200. Clark objected. The Regional Director approved the settlement; the FLRA General Counsel affirmed. The D.C. Circuit dismissed for lack of jurisdiction. Such a decision is not a “final order of the Authority” subject to review under 5 U.S.C. 7123(a).
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