DC Circ. Flips Treasury Employee Union Victory

Law360, Los Angeles (January 3, 2014, 3:50 PM EST) -- A D.C. Circuit panel on Friday vacated a Federal Labor Relations Authority decision on collective bargaining rights for some U.S. Department of Treasury employees, ruling the FLRA used two different tests to interpret the same statute, rendering its actions arbitrary and capricious.

Circuit Judge David S. Tatel, writing for a unanimous panel, held that the FLRA used two substantive tests to determine whether provisions of collective bargaining agreements were valid exceptions to a federal law granting agencies management rights, including the right to discipline employees....
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