Legal Opinion

Berlin v. Department of Labor

Court of Appeals for the Federal Circuit

Decided November 20, 2014No. 2014-3031PublishedCited by 8 opinions

1Opinion of the Court

TARANTO, Circuit Judge.

Under 5 U.S.C. § 7521, an agency may furlough an administrative law judge (ALJ) for 30 days or less “only for good cause established and determined by the Merit Systems Protection Board” in a formal adjudication. In this case, the Board determined that the Department of Labor had good cause for its decision to furlough its ALJs for a particular length of time in 2013. We affirm. The challenged furlough of ALJs, which was part of a program of furloughs throughout the Department and indeed throughout the federal government, was the result of a neutral, reasonable,…

2Cases cited9 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  3. Hazen Paper Co. v. BigginsSupreme Court of the United States · 1993
  4. National Labor Relations Board v. Bell Aerospace Co.Supreme Court of the United States · 1974
  5. William F. Curtin v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1988

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3Cited by8 opinions

  1. Joe Fleming v. AGRICourt of Appeals for the D.C. Circuit · 2021
  2. Einboden v. Department of the NavyCourt of Appeals for the Federal Circuit · 2015
  3. Shapiro v. Social Security AdministrationCourt of Appeals for the Federal Circuit · 2015
  4. Snyder v. Department of the NavyCourt of Appeals for the Federal Circuit · 2017
  5. National Federation of Federal Employees, Local 1442 v. Department of the ArmyCourt of Appeals for the Federal Circuit · 2015

3 more not listed; retrieve them via the Exa API.

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