National Treasury Employees Union v. Federal Labor Relations Authority, United States Customs Service, Intervenor

The Authority’s broad discretion to fashion remedies must be exercised in a manner that will carry out the policies of the Act. See 5 U.S.C. § 7105(g)(3). The Authority’s interpretations of those policies must be reasoned and supportable, Navy Public Works Center v. Federal Labor Relations Authority, 678 F.2d 97, 99 (9th Cir.1982), and its actions may not be arbitrary, capricious, an abuse of discretion, or otherwise not in accord with the law. 5 U.S.C. § 706(2)(A). Here, the Authority acted arbitrarily and gave too little weight to the policies of the Act in denying a status quo ante remedy.

W…