shaw bransford & roth case law update

Appeals Court: ICE Had No Duty to Bargain Before Unilateral Change to Overtime Policy

After warnings from the Office of Special Counsel (OSC) and the Government Accountability Office (GAO), the Department of Homeland Security, Immigration and Customs Enforcement (ICE) made a change to how it calculated overtime pay. The American Federation of Government Employees (AFGE) filed a grievance against ICE for unilaterally changing the policy without bargaining with the union. After the Federal Labor Relations Authority (FLRA) sided with ICE and determined that ICE had no duty to bargain with the union, AFGE petitioned the United States Court of Appeals for the District of Columbia Circuit for review of the FLRA’s final order. On June 11, 2019, the appeals court denied AFGE’s petition.

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shaw bransford & roth case law update

Supreme Court Denies Certiorari on MSPB Jurisdiction Case

Two United States Postal Service employees challenged MSPB dismissals, for lack of jurisdiction, of their removal appeals. The MSPB found that the employees did not have appeal rights because they did not meet the definition of “employee” under 5 U.S.C. § 7511(a)(1)(B)(ii), which requires one year of current continuous service. The United States Court of Appeals affirmed the MSPB’s dismissals. On April 1, 2019, the United States Supreme Court denied the petition for writ of certiorari appealing the appeals court decision, thereby affirming and making final the dismissal of the employees’ MSPB removal appeals.

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