Steven B. BERLIN, Jonathan C. Calianos, Linda S. Chapman, Richard M. Clark, William R. Dorsey, Jennifer Gee, Colleen A. Geraghty, Christine L. Kirby, Pamela J. Lakes, Timothy J. McGrath, Richard A. Morgan, Russell Pulver, Stephen M. Reilly, Patrick M. Rosenow, Daniel F. Solomon, Daniel F. Sutton, Drew A. Swank, and Theresa C. Timlin, Petitioners,
v.
DEPARTMENT OF LABOR, Respondent.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
November 20, 2014.
November 20, 2014.
Attorney(s) appearing for the Case
Paul A. Mapes , of Walnut Creek, California, argued for petitioners.
Allison Kidd-Miller , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Stuart F. Delery , Assistant Attorney General, Robert E. Kirschman, Jr. , Director, and Reginald T. Blades, Jr. , Assistant Director. Of counsel on the brief were James V. Blair , Counsel for Employment Law and Katherine Brewer , Trial Attorney, Office of the Solicitor, United States Department of Labor, of Washington, DC.
Martin R. Cohen , Assistant General Counsel for Litigation, American Federation of Government Employees, of Elkins Park, PA, for amicus curiae The American Federation of Government Employees.
Gregory O'Duden , General Counsel, National Treasury Employees Union, of Washington, DC, for amicus curiae National Treasury Employees Union. With him on the brief were Larry J. Adkins , Deputy General Counsel, and Matthew D. Ross , Assistant Counsel.
John P. Mahoney , Tully Rinckey, PLLC, of Washington, DC, for amicus curiae The Federal Administrative Law Judges Conference.
Before DYK, TARANTO, and HUGHES, Circuit Judges.
United States Court of Appeals, Federal Circuit.
TARANTO, Circuit Judge.
Under 5 U.S.C. § 7521, an agency may furlough an administrative law judge (ALJ) for 30 days or less "only for good cause established and determined by the Merit Systems Protection Board" in a formal adjudication. In this case, the Board determined that the Department of Labor had good cause for its decision to furlough its ALJs for a particular length of time in 2013. We affirm. The challenged furlough of ALJs, which was part of a program...
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