American Federation of Government Emp., Local 1923 v. Federal Labor Relations Authority, No. 81-1583

CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)
Writing for the CourtBefore WINTER, Chief Judge, HAYNSWORTH, Senior Circuit Judge, and HALL; HARRISON L. WINTER
Citation675 F.2d 612
Parties110 L.R.R.M. (BNA) 2295 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1923, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.
Decision Date13 April 1982
Docket NumberNo. 81-1583

Page 612

675 F.2d 612
110 L.R.R.M. (BNA) 2295
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1923, Petitioner,
v.
FEDERAL LABOR RELATIONS AUTHORITY, Respondent.
No. 81-1583.
United States Court of Appeals,
Fourth Circuit.
Argued Jan. 6, 1982.
Decided April 13, 1982.

Charles Lee Nutt, Baltimore, Md. (Clements & Nutt, Baltimore, Md., on brief), for petitioner.

Ellen Stern, Mary Elizabeth Medaglia, Associate Sol., Washington, D. C. (Robert J. Freehling, Sol., Washington, D. C., on brief), for respondent.

Before WINTER, Chief Judge, HAYNSWORTH, Senior Circuit Judge, and HALL, Circuit Judge.

HARRISON L. WINTER, Chief Judge.

The union, the exclusive bargaining representative of a unit of government employees, seeks review of a decision of the Federal Labor Relations Authority. The Authority's decision modified an award of an arbitrator by restricting the extent to which the governmental unit (Social Security Administration) could negotiate with the union with reference to performance standards. Review was sought under the provisions of 5 U.S.C. § 7123(a). We conclude that we lack jurisdiction to entertain the petition and so we dismiss it.

Page 613

I.

A bargaining agreement which existed in 1977 between the union and the governmental unit required them to meet and confer on modifications to the performance appraisal system. In 1978 Congress enacted the Civil Service Reform Act, 1 which in Title II, 5 U.S.C. § 4302, required every agency to develop a performance appraisal system which would provide periodic appraisal of employee job performance to be used as a basis for training, reassignment, promotion, etc. When the Social Security Administration made known that, pursuant to regulations adopted by the Office of Personnel Management, it intended to establish performance standards and to identify critical elements and that these actions would not be negotiable, the union invoked the grievance procedure established by the bargaining agreement and submitted the issue of the negotiability of development of a new performance appraisal system to binding arbitration.

The arbitrator found that the grievance was arbitrable and, under the terms and provisions of the bargaining agreement, the parties were required to bargain with respect to the establishment of a new performance appraisal plan. The arbitrator did not consider the effect of the 1978 legislation. Because Social Security thought that the arbitrator's decision violated 5 U.S.C. §...

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16 practice notes
  • U.S. Dept. of Health and Human Services v. Federal Labor Relations Authority, AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • September 23, 1987
    ...7123(a)(1) permits no judicial review of an arbitrator's decision unless it involves an unfair labor practice. AFGE, Local 1923 v. FLRA, 675 F.2d 612 (4th Cir.1982). A violation of the circular would appear not to fall within the unfair labor practices listed in Sec. 7116(a). Thus, despite ......
  • Griffith v. Federal Labor Relations Authority, No. 86-5720
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • March 25, 1988
    ...Dept. of Justice v. FLRA, 792 F.2d 25, 28 (2d Cir.1986); Tonetti v. FLRA, 776 F.2d 929, 931 (11th Cir.1985); AFGE, Local 1923 v. FLRA, 675 F.2d 612, 613 (4th Cir.1982). To be sure, Congress did not explicitly deny to district courts the power to review FLRA decisions. Nevertheless, where Co......
  • National Ass'n of Government Employees v. FLRA, Civ. A. No. 2:93cv83.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • June 29, 1993
    ...Appeals has reached the same conclusion. In American Federation of Government Employees Local 1923 v. Federal Labor Relations Authority, 675 F.2d 612 (4th Cir.1982), the Union sought judicial review of a decision by the Authority which modified an arbitrator's award. Review was sought under......
  • Overseas Educ. Ass'n v. Federal Labor Relations Authority, Nos. 85-1420
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 24, 1987
    ...we turn to an examination of these cases. D The first court to address the issue was the Fourth Circuit in AFGE, Local 1923 v. FLRA, 675 F.2d 612 (4th Cir.1982). In that case, the collective bargaining agreement between the union and the agency, the Social Security Administration, provided ......
  • Request a trial to view additional results
16 cases
  • U.S. Dept. of Health and Human Services v. Federal Labor Relations Authority, AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • September 23, 1987
    ...7123(a)(1) permits no judicial review of an arbitrator's decision unless it involves an unfair labor practice. AFGE, Local 1923 v. FLRA, 675 F.2d 612 (4th Cir.1982). A violation of the circular would appear not to fall within the unfair labor practices listed in Sec. 7116(a). Thus, despite ......
  • Griffith v. Federal Labor Relations Authority, No. 86-5720
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • March 25, 1988
    ...Dept. of Justice v. FLRA, 792 F.2d 25, 28 (2d Cir.1986); Tonetti v. FLRA, 776 F.2d 929, 931 (11th Cir.1985); AFGE, Local 1923 v. FLRA, 675 F.2d 612, 613 (4th Cir.1982). To be sure, Congress did not explicitly deny to district courts the power to review FLRA decisions. Nevertheless, where Co......
  • National Ass'n of Government Employees v. FLRA, Civ. A. No. 2:93cv83.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • June 29, 1993
    ...Appeals has reached the same conclusion. In American Federation of Government Employees Local 1923 v. Federal Labor Relations Authority, 675 F.2d 612 (4th Cir.1982), the Union sought judicial review of a decision by the Authority which modified an arbitrator's award. Review was sought under......
  • Overseas Educ. Ass'n v. Federal Labor Relations Authority, Nos. 85-1420
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 24, 1987
    ...we turn to an examination of these cases. D The first court to address the issue was the Fourth Circuit in AFGE, Local 1923 v. FLRA, 675 F.2d 612 (4th Cir.1982). In that case, the collective bargaining agreement between the union and the agency, the Social Security Administration, provided ......
  • Request a trial to view additional results

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