Legal Opinion

Securities & Exchange Commission v. Federal Labor Relations Authority

Court of Appeals for the D.C. Circuit

Decided June 12, 2009No. Nos. 08-1256, 08-1294PublishedCited by 15 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge BROWN.

Concurring opinion filed by Circuit Judge KAVANAUGH.

BROWN, Circuit Judge:

This is the sort of dispute that could only arise between public employees and a governmental agency. The Securities and Exchange Commission (SEC or Agency) was eager to pay its employees more money. The National Treasury Employees Union (NTEU or Union) complains the SEC implemented the raises too quickly. The Federal Labor Relations Authority (FLRA or Authority) agrees with the Union and has ordered the SEC to provide back pay to atone for the affront. Counterintuitive…

2Cases cited8 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  3. Domestic Securities, Inc. v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2003
  4. James E. Brown v. Secretary of the Army. Wellington Mitchell v. Secretary of CommerceCourt of Appeals for the D.C. Circuit · 1990
  5. National Ass'n of Government Employees, Local R5-136 v. Federal Labor Relations AuthorityCourt of Appeals for the D.C. Circuit · 2004

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3Cited by15 opinions

  1. Citizens for Responsibility and Ethics in Washington v. U.S. Securities and Exchange CommissionDistrict Court, District of Columbia · 2013
  2. Am. Fed'n of Gov't Emps. v. TrumpCourt of Appeals for the D.C. Circuit · 2018
  3. Menasha Corp. v. United States Department of JusticeCourt of Appeals for the Seventh Circuit · 2013
  4. National Association of Manufacturers v. Securities and Exchange CommissionDistrict Court, District of Columbia · 2013
  5. Alborn Construction, Inc. v. State of Alaska, Department of Labor & Workforce Development, Labor Standards & Safety Division, and Deborah Kelly, in an official capacityAlaska Supreme Court · 2022

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