National Treasury Employees Union v. Federal Labor Relations Authority

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

This case centrally involves the finality requirement for purposes of appellate review. Final action for appellate review purposes does not necessarily coincide with executed or enforced action. Rather, the finality requirement is met when the initial decision-maker’s action becomes firm and stable, the definitive “last word” of that arbiter on the matter at hand. A final order, whether administrative or judicial, may be stayed pending appeal. The stay prevents immediate execution of the final order, but it does not…