Legal Opinion

American Federation of Government Employees v. Federal Labor Relations Authority

Court of Appeals for the D.C. Circuit

Decided September 3, 1991No. Nos. 88-1375, 88-1491PublishedCited by 7 opinions

1Opinion of the Court

SPOTTSWOOD W. ROBINSON, III, Senior Circuit Judge:

The Back Pay Act1 authorizes conditionally an award of reasonable attorneys’ fees to a federal agency employee affected by an unjustified or unwarranted personnel action resulting in a loss of pay.2 We are asked to decide whether the Act entitles two staff attorneys of the American Federation of Government Employees, AFL-CIO, Local 3882, to fees for representing a union member in grievance and unfair labor practice proceedings, and, if so, whether the fees should be based upon the prevailing market rate or the cost to the union. We hold that,…

2Cases cited37 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  4. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
  5. Missouri v. Jenkins Ex Rel. AgyeiSupreme Court of the United States · 1989

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3Cited by7 opinions

  1. American Federation of Government Employees, Afl-Cio, Local 3882 v. Federal Labor Relations Authority, United States Department of Justice, Bureau of Prisons, Intervenor. United States Department of Justice, Bureau of Prisons v. Federal Labor Relations Authority, American Federation of Government Employees, Afl-Cio, Local 3882, IntervenorCourt of Appeals for the Federal Circuit · 1991
  2. Dixon v. Comm'rUnited States Tax Court · 2009
  3. American Federation of State, County, & Municipal Employees, District Council 20, Local 2087 v. University of the District of ColumbiaDistrict of Columbia Court of Appeals · 2017
  4. Service Employees International Union Local 32BJ v. Preeminent Protective ServiceCourt of Appeals for the D.C. Circuit · 2021
  5. Dixon v. Comm'rUnited States Tax Court · 2009

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