Department of Air Force v. Federal Labor Relations Authority

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The issue in these consolidated cases is whether the Federal Labor Relations Authority (“FLRA” or “Authority”) may direct federal agencies to pay travel expenses and per diems to their employees who are required to appear at FLRA proceedings. We find that these cases are controlled by Bureau of Alcohol, Tobacco, and Firearms v. FLRA, 464 U.S. 89, 104 S.Ct. 439, 78 L.Ed.2d 195 (1983) (“BATF”), in which the Supreme Court held invalid a FLRA rule ordering federal agencies to pay travel expenses and per diems to employees…