American Federation of Government Employees v. Federal Labor Relations Authority
American Federation of Government Employees v. Federal Labor Relations Authority
Opinion of the Court
Appellants, the American Federation of Government Employees Local 1617 (“Local 1617”), Arthur Celestino, and American Federation of Government Employees Council Number 214 (“Council Number 214”), sued the Federal Labor Relations Authority (“FLRA”) in district court, alleging that the FLRA exceeded its authority in overruling an arbitration decision. Appellants’ suit was dismissed for lack of subject matter jurisdiction. For the following reasons, this court AFFIRMS the district court’s judgment dismissing Appellants’ lawsuit.
Background
Local 1617 and Council Number 214 represent employees of the United States Department of the Air Force, San Antonio Air Logistics Center, Kelly Air Force Base, San Antonio (“Agency”). Appellant Celestino was an employee of the Agency. At all relevant times, relations between Appellants and the Agency were covered by the Master Labor Agreement (“MLA”). In April 1999, employees of the Agency, who were represented by Local 1617, brought a grievance against the Agency alleging that they were entitled to Environmental Differential Pay (“EDP”) because of exposure to asbestos. The Agency denied the grievance.
Local 1617 invoked arbitration, as authorized by the MLA. After a lengthy arbitration, the arbitrator ruled that the employees were entitled to limited EDP.
Appellants and the Agency filed exceptions to the arbitration award with the FLRA, under 5 U.S.C. § 7122. The FLRA is an independent agency whose responsibilities include resolving exceptions to arbitration awards. The FLRA set aside the arbitration award, finding that the award was deficient. Appellants moved for reconsideration. The FLRA denied that motion.
Appellants sued FLRA, alleging that FLRA had violated the Federal Labor Management Relations Act
Discussion
Standard of review
This court reviews de novo the grant of a Rule 12(b)(1) motion.
Jurisdiction to review FLRA decisions
The FLRA may change an arbitrator’s award if it finds the award is deficient: “(1) because it is contrary to any law, rule or regulation; or (2) on other grounds similar to those applied by Federal courts in private sector labor-management relations.”
In Leedom, a group of professional employees objected to a decision of the National Labor Relations Board (“NLRB”) that combined professional and non-professional employees into one bargaining unit.
This exception, however, is very narrow. In Boire v. Greyhound Corporation, the plaintiffs attempted to challenge a NLRB finding that independent contractors were employees of the hiring corporation, despite a National Labor Relations Act statute excluding independent contractors
is a narrow one, not to be extended to permit plenary district court review of [NLRB] orders ... whenever it can be said that an erroneous assessment of the particular facts before the [NLRB] has led it to a conclusion which does not comport with the law.16
In Board of Governors of the Federal Reserve System v. MCorp Financial, Inc., the Supreme Court held that jurisdiction existed to review an agency action alleged to have exceeded the agency's statutory authority.
This court has analyzed the Leedom exception and explained that it is “narrow and rarely used.”
Propriety of the FLRA decision under 5 U.S.C. § 7122(a)(2)
Appellants contend that the FLRA violated 5 U.S.C. § 7122(a)(2) by overturning an arbitrator’s award. Specifically, Appellants argue that FLRA should have given special deference to the arbitration award because it was based on the arbitrator’s interpretation of a collective bargaining agreement.
Section 7122 provides that:
(a) Either party to arbitration under this chapter may file with the [FLRA] an exception to any arbitrator’s award pursuant to the arbitration.... If upon review the [FLRA] finds that the award is deficient—
(1) because it is contrary to any law, rule, or regulation; or
(2) on other grounds similar to those applied by Federal courts in private sector labor-management relations;
the [FLRA] may take such action and make such recommendations concerning the award as it considers necessary, con*806 sistent with applicable laws, rules, or regulations.
The FLRA found that the award was deficient because it was contrary to law. The FLRA maintains that while it overturned the arbitrator’s legal conclusions, it deferred to the arbitrator’s findings of fact. Pursuant to § 7122(a)(1), the FLRA is authorized to change an arbitrator’s award if the FLRA finds the award is contrary to any law, rule, or regulation.
The FLRA decision references the arbitrator’s findings that the parties to arbitration had not agreed to a specific standard for entitlement to EDP. Based on this finding, the arbitrator concluded that there was a conflict between the Agency’s regulations and the MLA between the parties. The arbitrator next held, as required when a regulation conflicts with a labor agreement,
In response, Appellants argue that the lack of an agreement on specific regulations means that the threshold for EDP was to be set on a case-by-case basis. To support this point, they quote the arbitrator’s finding that the Union representing the Agency employees specifically bargained to avoid including an EDP threshold in the MLA, so that EDP could be awarded on a case-by-case basis. Contrary to Appellants’ assertions, however, this finding relates to the Union’s bargaining position, not the binding final product of that bargaining — the MLA. Appellants do not cite any requirement in the MLA that EDP is to be determined on a case-by-case basis, nor do they assert that the arbitrator found such a requirement. The arbitrator’s findings about the Union’s bargaining goals are irrelevant to determining whether the MLA conflicts with Agency regulations.
Therefore, FLRA did not contradict a factual finding by the arbitrator when it determined that the MLA was silent on the appropriate method of determining EDP. Rather, FLRA applied its own review of the applicable law. The FLRA’s binding precedent dictates that in the absence of an agreed-upon regulation the Agency’s own regulation governs.
The FLRA decision and congressional intent
Appellants next contend that congressional intent will be thwarted unless courts
Appellants cite a series of three Supreme Court opinions, the Steelworkers Trilogy,
Appellants’ argument about congressional intent is unconvincing in light of the statutory scheme surrounding the FLRA. Congress explicitly provided for review of FLRA decisions under 5 U.S.C. § 7123. This provision also prohibits review when the FLRA decision involves an order by an arbitrator, unless the order involves an unfair labor practice. Section 7123 evidences Congress’s intent that only certain FLRA decisions should be reviewed. There is no reason to assume a different congressional intent from that stated on the face of the statute. Therefore, this court finds it does not have jurisdiction to hear this case based on congressional intent.
Propriety of the FLRA decision under 5 U.S.C. § 7101
Lastly, Appellants argue that the FLRA decision undermined all collective bargaining and therefore violated 5 U.S.C. § 7101. This argument essentially reiterates Appellants’ argument asserting that the FLRA violated 5 U.S.C. § 7122. Appellants contend that the FLRA undermined collective bargaining by replacing an agreed-upon rule with a rule created by an agency. As discussed above, there is no evidence that the MLA included a rule specifying when to award EDP pay, nor did the arbitrator conclude that there was such a rule. Therefore, Appellants’ argument that an agreed-upon rule was ignored fails. There is no jurisdiction for this court to hear this appeal based upon a violation of 5 U.S.C. § 7101.
Conclusion
Appellants fail to demonstrate that FLRA plainly violated a mandatory and unambiguous statutory provision. Accordingly, the district court correctly found that it lacked subject matter jurisdiction over the dispute and dismissed the case under Rule 12(b)(1). Therefore, this court AFFIRMS the district court’s judgment dismissing Appellants’ lawsuit.
AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
. 5 U.S.C. § 7101 et seq.
. Hebert v. United States, 53 F.3d 720, 722 (5th Cir. 1995).
. McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 56 S.Ct. 780, 80 L.Ed. 1135 (1936).
. Benton v. United States, 960 F.2d 19, 21 (5th Cir. 1992).
. Saraw Partnership v. United States, 67 F.3d 567,569 (5th Cir. 1995).
. 5 U.S.C. § 7122(a).
. As a general matter, parties may seek review of FLRA decisions in federal courts of appeals. 5 U.S.C. § 7123(a). However, they may not seek review of final FLRA decisions about arbitrator's awards unless the order involves an unfair labor practice. Id.
. 358 U.S. 184, 79 S.Ct. 180, 3 L.Ed.2d 210 (1958).
. Id.
. Id.
. Id.
. 376 U.S. 473, 84 S.Ct. 894, 11 L.Ed.2d 849 (1964).
. Id.
. 502 U.S. 32, 112 S.Ct. 459, 116 L.Ed.2d 358 (1991).
. Id.
. Russell v. Nat’l Mediation Bd., 714 F.2d 1332, 1340 (5th Cir. 1983).
. Am. Airlines, Inc. v. Herman, 176 F.3d 283, 292 (5th Cir. 1999).
. Herman, 176 F.3d at 293.
. See id.
. U.S. Dep't of Treasury v. Fed. Labor Relations Auth., 43 F.3d 682, 686-87 (D.C.Cir. 1994).
. See U.S. Dep’t of the Army, Ft. Campbell Dist., Third Region, Ft. Campbell, Ky., 37 FLRA 186, 195, 1990 WL 140089 (1990).
. U.S. Dep’t of the Army, Fort Campbell Dist., Third Region, Fort Campbell, Ky., 37 FLRA 186, 195, 1990 WL 140089 (1990)(agency rules and regulations "govern the disposition of matters to which they apply ... when the rules and regulations do not conflict with provisions of an applicable collective bargaining agreement”).
. United Steelworkers v. Am. Mfg. Co., 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403 (1960); United Steelworkers v. Enter. Wheel & Car Corp., 363 U.S. 593, 80 S.Ct. 1358, 4 L.Ed.2d 1424 (1960); United Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574, 80 S.Ct. 1347, 4 L.Ed.2d 1409 (I960).
Reference
- Full Case Name
- AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1617 Arthur Celestino, American Federation of Government Employees, Council Number 214 v. FEDERAL LABOR RELATIONS AUTHORITY
- Cited By
- 2 cases
- Status
- Published