Justia Labor & Employment Law Opinion Summaries

This case stemmed from an employment discrimination suit filed by appellant against the Navy. The Navy subsequently offered a stipulation of Settlement (the "Agreement"). After concluding that specific performance of the Agreement was no longer practicable, appellant sought nearly a million dollars in damages and attorney's fees. The court held that a settlement agreement embodied in a consent decree was a contract under the Tucker Act, 28 U.S.C. 1346(a)(2), and transferred the case to the Court of Federal Claims. Accordingly, the court vacated the district court's order dismissing the motion to enforce and remanded with instructions to transfer to the Court of Federal Claims. View "Franklin-Mason v. Mabus, Jr." on Justia Law

This case arose after the IRS Office of Chief Counsel and the National Treasury Employees Union renegotiated their collective bargaining agreement. At issue on appeal was the Authority's interpretation of section 7106 of the Federal Service Labor Management Relations Statute, 5 U.S.C. 7101 et seq. When an agency asserts that a contract provision falls outside section 7106(b)(3)'s exception to section 7106(a), whether the question concerns the agency's duty to bargain, or the provision's consistency with law, the underlying issue is precisely the same: does the provision represent a appropriate arrangement. In applying two different standards in these contexts, the court concluded that the Authority set forth two inconsistent interpretations of the very same statutory term. Therefore, the Authority acted arbitrarily and capriciously and, therefore, the court vacated and remanded for further proceedings. View "U.S. Dept. of the Treasury v. FLRA" on Justia Law

Plaintiff appealed the district court's grant of summary judgment in favor of defendant, concluding that plaintiff's whistleblower complaint did not qualify as a "mixed case" complaint capable of triggering the savings clause under 5 U.S.C. 7702(f). Plaintiff argued that even though he presented his Title VII claim in the wrong forum (the MSPB), because he did so along with a timely filed IRA as part of a "mixed case," his formal EEO complaint should be deemed timely with the correct forum (the DOL) under section 7702(f)'s savings clause. The court affirmed the judgment because plaintiff's formal Title VII claim - filed well after the expiration of the EEO route's 15-day deadline - was untimely where the savings clause excused errors only in the place, not time, of filing. View "Schlottman v. Perez" on Justia Law

Plaintiff filed suit against the Department, alleging that it retaliated against her for filing a complaint of workplace harassment based upon her sex and national origin, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-3(a). The district court granted summary judgment to the Department. The court affirmed, concluding that no reasonable jury could find that the Department's actions - placing her on an unsuitable detail, changing her employment status to probationary, and terminating her employment - were motivated by retaliation. View "Hernandez v. Gutierrez" on Justia Law

The BOP challenged a decision and order of the Authority regarding United States Penitentiary I, a high security facility in Coleman, Florida. The Authority held that BOP was required to bargain with the Union over two proposals relating to BOP's installation of two metal detectors in the compound through which prisoners must pass to enter or exit the recreation yard. The court denied the BOP's motion to dismiss on grounds of mootness and its motion to vacate the Authority's decision and order. The court granted the Authority's cross-petition to enforce its decision and order regarding Proposal 1, and granted BOP's petition to vacate the Authority's decision and order regarding the third sentence in Proposal 2. The court remanded to the Authority to allow it to determine whether, in light of the changed circumstances occasioned by the changed use of the metal detectors, the order to bargain over Proposal 1 should be revised. View "U.S. DOJ v. FLRA" on Justia Law

Pursuant to the Library of Congress' policy, the Library recognizes certain employee organizations and gives them meeting space and other benefits. The Cook and Shaw Foundation is a non-profit organization composed of current and former employees of the Library. The Foundation and others filed suit after the Library denied recognition to the Foundation. The court concluded that the complaint failed to allege that the Library's denial of recognition constituted retaliation for statutorily protected activity by employees or applicants for employment. Absent such an allegation, the complaint failed to state a claim under Title VII, 42 U.S.C. 2000e et seq. Accordingly, the court affirmed the district court's dismissal for failure to state a claim. View "Howard R.l. Cook & Tommy Shaw, et al. v. Billington" on Justia Law

Pilots appealed the grant of summary judgment to PBGC on their claims regarding pension benefits payable under the terminated Retirement Income Plan for U.S. Airways Pilots. The court concluded that it need not resolve the parties' contentions regarding whether the PBGC was entitled to deference under Chevron when it acts as the trustee in an involuntary retirement plan termination; regardless, Pilots' claims relating to the PBGC's interpretation of 29 U.S.C. 1344 and regulations must fail; the court need not decide the level of deference due to the PBGC's interpretation of the Plan provisions because Pilots have not demonstrated Article III standing for part of one claim and their other claims failed regardless of the standard; and the court need not decide whether the decision in Davis v. PBGC regarding Pilots' request for a preliminary injunction was the law of the case on the standard of review. Accordingly, the court affirmed the judgment of the district court. View "Davis, et al. v. PBGC" on Justia Law

Plaintiff, an employee of the GSA, sued her supervisor for defamation and interference with her attempts to secure alternative employment. Under the Westfall Act, 28 U.S.C. 2679, the U.S. Attorney General certified that the supervisor's conduct was within the scope of his employment and removed the case to federal district court, substituting the United States as the defendant. The court affirmed the district court's dismissal for lack of subject matter jurisdiction, concluding that the supervisor acted within the scope of his employment and plaintiff's suit was jurisdictionally barred by the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq. View "Jacobs v. Vrobel" on Justia Law

Appellant a former pilot for US Airways, sought benefits from a collectively-bargained pilot disability plan under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. On appeal, appellant challenged the district court's dismissal of his claim for lack of jurisdiction. The court affirmed the district court's dismissal because section 204 of the Railway Labor Act (RLA), 45 U.S.C. 151 et seq., vested in the "applicable adjustment board" exclusive jurisdiction over appellant's claim because it was grounded in the application and interpretation of a collective bargaining agreement. View "Oakey v. US Airways Pilots Disability Income Plan" on Justia Law

In two unconsolidated cases, UBCJA and SWRCC (collectively, Carpenters) appealed the district court's confirmation of two arbitration awards in favor of Plasterers. The court concluded that these cases were not moot because future arbitrable jurisdictional disputes raising the same legal issue seem reasonably likely to occur; in Case No. 11-7161, the district court did not abuse its discretion in denying briefing and argument on the timing issue; in Case No. 11-7155, the district court correctly declined to give Jordan Interiors I estoppel effect in Frye; and, on the merits, the court rejected Carpenters' challenges to the arbitrators' authority to enter their respective awards. Accordingly, the court affirmed the district court's grants of summary judgment to the Plasterers, thereby confirming the arbitrators' awards in their favor. View "United Brotherhood of Carpenters v. Operative Plasterers' & Cement Masons' Int'l Ass'n" on Justia Law