National Weather Service Unlawfully Axed CBA, DC Circ. Says

Law360 (July 31, 2020, 7:17 PM EDT) -- The Federal Labor Relations Authority overstepped its role when it OK'd the National Weather Service's July 2017 decision to cancel its collective bargaining agreement, the D.C. Circuit said Friday.

A three-judge panel sided with the National Weather Service Employees Organization's argument that the FLRA didn't give enough deference to an arbitrator who found that the NWS breached its pledge not to unilaterally terminate the pact, according to the unanimous opinion written by Circuit Judge Judith W. Rogers.

"In vacating the arbitrator's breach determination, the authority's thorough, substantive review failed to conform to the proper standard of review," Judge Rogers wrote. "Yet...

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