Case Involves Key Issues

According to a Congressional Research Service analysis of the case, the key points at stake include whether the absence of an unmistakably enforceable contract renders the MaxHR labor-management regulations impermissible, whether the department has authority to take over functions from the independent Federal Labor Relations Authority, whether it has authority to establish an in-house labor relations board, and whether it has authority to change the standards the Merit Systems Protection Board uses when deciding if a penalty against an employee was appropriate. The lower court ruled against DHS on all of those points. The appeals court agreed regarding the labor relations and FLRA issues but said the in-house labor board and MSPS standards issues are not yet ripe for court review. Both courts meanwhile held that DHS did have the authority to modify certain MSPB appeals procedures for its employees.