Independent Union of Pension Employees for Democracy and Justice v. Federal Labor Relations Authority, No. 19-1065 (D.C. Cir. 2020)Annotate this Case
The DC Circuit denied a petition for review of the Authority's order finding that the Union committed unfair labor practices by attempting to dismantle the pool of arbitrators selected by a predecessor union and thereby impeding access to the grievance process.
The court held that the Authority's conclusion that the Union committed unfair labor practices was not arbitrary and capricious. Rather, the Authority followed its own precedent when it determined that the Union's outreach to the two arbitrators amounted to unfair labor practices. The court also held that the Authority did not act contrary to law when it determined that the Union acted outside of the statutory protection for the expression of personal views; the Union has not demonstrated that its First Amendment rights were violated, seeing as it failed to identify a public concern implicated by its speech; the Authority's nontraditional remedy did not exceed its statutory authority because it was an appropriate exercise of its power to carry out the purposes of the Civil Service Reform Act by restoring the status quo ante; and the Union's application for leave to adduce additional evidence is denied because the Union has not established that the evidence is material or that there were reasonable grounds for the Union's failure to adduce it earlier.