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NASA v. FLRA

No. 98-369.

527 U.S. 229 (1999)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION et al. v. FEDERAL LABOR RELATIONS AUTHORITY et al.

United States Supreme Court.

Decided June 17, 1999.

Attorney(s) appearing for the Case

David C. Frederick argued the cause for petitioners. With him on the brief were Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Underwood, William Kanter, and Howard S. Scher.

David M. Smith argued the cause for respondent Federal Labor Relations Authority. With him on the brief was Ann M. Boehm. Stuart A. Kirsch argued the cause for respondent American Federation of Government Employees, AFL— CIO. With him on the brief were Mark D. Roth, Jonathan P. Hiatt, James B. Coppess, and Laurence Gold.*

Stevens, J., delivered the opinion of the Court, in which Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and O'Connor and Scalia, JJ., joined, p. 246.

Justice Stevens, delivered the opinion of the Court.

On October 12, 1978, Congress enacted the Inspector General Act (IGA), 5 U. S. C. App. § 1 et seq., p. 1381, which created an Office of Inspector General (OIG) in each of several federal agencies, including the National Aeronautics and Space Administration (NASA). The following day, Congress enacted the Federal Service Labor-Management Relations Statute (FSLMRS), 5 U. S. C. § 7101 et seq.,

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