American Federation of Government Employees, AFL-CIO, Local 3669 v. Shinseki
709 F.3d 29
D.C. Cir.2013Background
- FSLMRS governs federal labor relations; FLRA adjudicates unfair labor practice charges under FSLMRS.
- VA nurses and AFGE Local 3669 filed ULPs alleging reprisal for union testimony during arbitration.
- VA determined the ULPs were excluded from review under 38 U.S.C. § 7422(b) as arising from professional conduct or competence.
- Under Secretary for Health remanded after district court vacated the exclusion ruling on statutory-authority grounds.
- On remand, the Under Secretary found the ULPs qualified as collective bargaining but excluded portions addressing non-professional issues; FLRA had no jurisdiction over the § 7422(d) exclusion; district court granted Union summary judgment; VA appealed.
- Court holds the VA’s scope interpretation is too broad and that § 7422(a) defines “collective bargaining” narrowly, so the Under Secretary exceeded authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §7422(a) import the FSLMRS definition of collective bargaining? | Union supports a narrow reading; ULPs do not implicate CB. | VA argues §7422(a) adopts a broad, inclusive notion of CB. | §7422(a) has a narrow CB meaning; VA exceeded authority. |
| Does the Under Secretary have authority to exclude ULPs from CB jurisdiction under §7422(d)? | Exclusion not authorized; ULPs do not fall within CB scope. | Exclusion permissible if issues arise from professional conduct or compensation. | Under Secretary lacked authority to exclude these ULPs from CB jurisdiction. |
Key Cases Cited
- Milner v. Department of the Navy, 131 S. Ct. 1259 (2011) (text unambiguously describes congressional intent where applicable)
- Barnhart v. Thomas, 540 U.S. 20 (2003) (last antecedent rule can be overcome by other indicia of meaning)
- American Federation of Government Employees Local 446 v. Nicholson, 475 F.3d 341 (D.C. Cir. 2007) (74 7–5: interpretation of CB rights under 38 U.S.C. §7422(a))
- National Federation of Federal Employees Local 589 v. FLRA, 73 F.3d 390 (D.C. Cir. 1996) (distinguishes CB rights from other FSLMRS rights)
- United States Department of Veterans Affairs, Washington, D.C. v. FLRA, 1 F.3d 19 (D.C. Cir. 1993) (distinguishes CB negotiations from other representational rights)
- Local 589 (National Federation) v. FLRA, 73 F.3d 390 (D.C. Cir. 1996) (reaffirmed limited CB rights for VA personnel)
- FLRA v. United States Department of the Treasury, Financial Management Service, 884 F.2d 1446 (D.C. Cir. 1989) (defines scope of CB as process of contract negotiation)