Ass'n of Civilian Technicians, New York State Council v. Federal Labor Relations Authority

The court concludes that we lack jurisdiction to hear the union’s challenge to a Federal Labor Relations Authority order that disposed of the union’s unfair labor practice claim based solely on an arbitrator’s unexplained failure to resolve that claim during the grievance process. Because I believe that the Authority’s order “involves an unfair labor practice” within the meaning of section 7123(a)(1) of the Federal Service Labor-Management Relations Statute, 5 U.S.C. § 7101 et seq., and that the court’s interpretation to the contrary finds no support in our precedent, I respectfully dissent.

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