FLRA v. MI ARMY NAT. GUARD

No. 17-3128.

878 F.3d 171 (2017)

FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, v. MICHIGAN ARMY NATIONAL GUARD, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 18, 2017.


Attorney(s) appearing for the Case

ARGUED: Zachary R. Henige , FEDERAL LABOR RELATIONS AUTHORITY, Washington, D.C., for Petitioner. Tyce R. Walters , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON BRIEF: Zachary R. Henige, Fred B. Jacob , Stephanie J. Fouse , FEDERAL LABOR RELATIONS AUTHORITY, Washington, D.C., for Petitioner. Tyce R. Walters, H. Thomas Byron III , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. William R. Kudrle , AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, Washington, D.C., for Amicus Curiae.

ROGERS, J., delivered the opinion of the court in which SUTTON, J., joined, and CLAY, J., joined in part. CLAY, J. (pp. 182-83), delivered a separate opinion concurring in part and dissenting from Part III of the majority opinion.


OPINION

This dispute concerns the federal labor rights of National Guard technicians, who are covered by the Federal Service Labor-Management Relations Statute ("FSLMRS"), 5 U.S.C. §§ 7101-7135, but who may be disciplined by the state Guard generally without federal review. During administrative proceedings...

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