Labor Agreement Non-Binding without OMB Approval, Says Appeals Court

The U.S. Court of Appeals for the District of Columbia

Circuit has ruled that a collective bargaining agreement

reached between the Federal Aviation Administration and

an employee union is not enforceable because the Office

of Management and Budget never gave it final approval,

which the agreement was allegedly contingent upon.


In its petition before the Federal Labor Relations

Authority, the American Federation of State, Country and

Municipal Employees argued that the Federal Aviation

Administration engaged in unfair labor practices when

it refused to carry out the agreement because it was

pending approval from OMB–even though the agency and

union appeared to have ironed out the terms.


FLRA dismissed the petition, saying the agreement–

covering four Washington D.C. based FAA units–was

tentative and nonbinding, But the union appealed on the

grounds that the dismissal was not supported by

substantial evidence and was a departure from FLRA

precedent.


However, after review of the negotiations and witness

testimony, the appeals court found in favor of FLRA.

FEDweek Newsletter
Veteran insight on your federal pay, benefits, career and retirement!
Share