American Federation of Government Employees v. Federal Labor Relations Authority

At the outset, I wish to make it clear that I express no opinion as to the majority’s method of computing the attorneys’ fees to be awarded the Union, because in my view, we cannot properly reach that question. The Union is entitled to no award of attorneys’ fees at all. As the majority opinion makes plain, the Union’s right, if it has one, must derive from the Back Pay Act, which permits an award of attorneys’ fees to

[a]n employee of an agency who, on the basis of a timely appeal or an administrative determination (including a decision relating to an unfair labor practice or a grievance) is…