Page:Ohio Adjutant General's Department v. FLRA.pdf/5

2 Enacted in 1978, the FSLMRS establishes a comprehensive framework governing labor-management relations in federal agencies. It secures the right of “[e]ach employee” “to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal.” §7102. And, it further guarantees that “each employee shall be protected in the exercise of such right.” Ibid. To that end, the FSLMRS provides for collective bargaining between federal agencies and their employees’ unions, and it bars each from committing unfair labor practices. See §§7102(2) and 7116(a)–(b). For example, an agency may not “interfere with, restrain, or coerce any employee in the exercise by the employee of any right under” the Statute; “refuse to consult or negotiate in good faith with a labor organization as required by” the Statute; or “otherwise fail or refuse to comply with any provision of” the Statute. §§§ [sic]7116(a)(1), (5), (8).

The Statute creates the FLRA and tasks it with administering this framework, including by investigating and adjudicating labor disputes. §7105(a)(2)(G); see also §§7104 and 7118(a)(1). It provides that the FLRA’s general counsel “shall investigate” a charge against “any agency or labor organization” and, if warranted, may issue a complaint calling for a hearing before the FLRA. §§§ [sic]7118(a)(1)–(2). The FLRA is then responsible for “conduct[ing] hearings and resolv[ing such] complaints.” §7105(a)(2)(G). If the FLRA determines that an agency or a union has engaged in an unfair labor practice, it “may require” the entity “to cease and desist from violations of [the Statute] and require it to take any remedial action it considers appropriate.” §7105(g)(3).

This case concerns the Statute’s application to a unique category of federal civil-service employees: dual-status technicians working for the State National Guards. These