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Pending Court Litigation
Involving the FLRA

The following listing of pending court litigation involving the FLRA is updated monthly. It is current through April 30, 2003. The listing is arranged alphabetically by case caption.

American Federation of Government Employees, Local 12 v. FLRA, No. 03-1114 (D.C. Cir., filed April 25, 2003)

The union seeks review of the General Counsel's decision not to issue a ULP complaint. WA-CA-02-0659

American Federation of Government Employees, Local 1617, Arthur Celestino and American Federation of Government Employees, Council No. 214 v. FLRA, No. SA-03-CA-0058 FB (W.D. Texas, filed January 27, 2003)

The union challenges Authority decisions setting aside an arbitrator's award granting environmental differential pay to certain employees.  58 FLRA 63, reconsideration denied, 58 FLRA 183; 58 FLRA 71

American Federation of Government Employees, National Veterans Affairs Council 53 v. FLRA, No. 02-1311 (D.C. Cir., filed October 10, 2002)

The union seeks review of an Authority decision finding nonnegotiable a proposal requiring the agency to allow a union observer at performance-based interviews conducted to fill unit positions. 0-NG-2624

Association of Civilian Technicians, Wichita Air Capitol Chapter v. FLRA, No. 03-1083 (D.C. Cir., filed March 21, 2003)

The union seeks review of an Authority decision finding nonnegotiable a proposal relating to how management officials will address union officials and other unit employees engaged in labor-management relations matters.  57 FLRA 939, reconsideration denied, 58 FLRA 310

John Laird v. FLRA, No. 03-1015 (D.C. Cir., filed January 28, 2003)

An individual seeks review of the General Counsel's decision not to issue a ULP complaint. WA-CO-00308

Major General James H. Lipscomb, III, et al. v. FLRA, No. 02-60060 (5th Cir., filed January 29, 2002)

The Mississippi State Guard appeals a district court decision dismissing their complaint.  In the district court proceeding, the Guard sought to enjoin an election directed by the Authority in a unit of dual-status technicians. 200 F. Supp 2d 650, (S.D. Miss 2001)

National Air Traffic Controllers Association, v. AFL-CIO v. FLRA, No. 03-1002 (D.C. Cir., filed January 21, 2003)

The union seeks review of an Authority decision setting aside an arbitrator's award finding that the agency did not violate the collective bargaining agreement and/or regulations by failing to provide Controller-in-Charge coverage at its operational areas on the midnight shift. 58 FLRA 175

Vera Nigro v. FLRA, No. 021576 (S. Ct., filed April 28, 2003)

Individual petitions the Supreme Court for a writ of certiorari, to review the Fourth Circuit's decision dismissing her petition for review for lack of jurisdiction. The Fourth Circuit held, in an unpublished decision, that it lacked jurisdiction to review the individual's challenge to the FLRA's General Counsel's refusal to issue unfair labor practice complaints. Nigro v. FLRA, Nos. 02-2003, 2004, 2005, & 2006 (4th Cir. Nov. 25, 2002) (consolidated); rehearing denied, Jan. 28, 2003; seeking review of Case Nos. WA-CO-01-0035, 0631, WA-CA-00652, WA-CO-00653.


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