In an ULP case, the FLRA general counsel’s office actually presents the case before the FLRA board for adjudication. Image: izzuanroslan/Shutterstock.com
By: FEDweek StaffThe FLRA has rejected a request by a federal employee to authorize payments of fees and expenses to individual employees whose situations led to unfair labor practice complaints.
Case No. 73 FLRA No. 176 involved a challenge to FLRA rules that allow such payments only to labor unions when they prevail in such complaints. ULPs may be filed either by unions or by agencies against the other — most involve charges by unions — but it is the FLRA general counsel’s office that actually presents the case before the FLRA board for adjudication.
In this case, the decision recounted, the general counsel brought a complaint that was resolved through a settlement; the individual then requested payment from her agency to cover the costs of her legal representation, saying the Equal Access to Justice Act allows for such payments.
However, in declining to change its rules, the FLRA said the purpose of that law is to “eliminate financial disincentives for those who would defend against unjustified governmental action. In the FLRA’s ULP proceedings, federal agencies may file the initial charge, but it is the FLRA’s GC – not the charging party – that issues the complaint and prosecutes the case against the charged respondent.”
In those situations, it said, the charged respondent is defending against the general counsel and the GC’s complaint is the “governmental action.”
“Further, when a federal agency serves as the charged respondent in a ULP case, no individual is required to ‘defend against unjustified governmental action’; the agency is defending its own actions. In that situation, the EAJA’s underlying purpose does not come into play,” it said.
“As such, individuals are not required to defend against ULP complaints, and allowing them to recover EAJA fees would not further the EAJA’s stated purpose,” it said.
Shutdown Meter Ticking Up a Bit
Judge Backs Suit against Firings of Probationers, but Won’t Order Reinstatements
Focus Turns to Senate on Effort to Block Trump Order against Unions
TSP Adds Detail to Upcoming Roth Conversion Feature
White House to Issue Rules on RIF, Disciplinary Policy Changes
Hill Dems Question OPM on PSHB Program After IG Slams Readiness
See also,
How Do Age and Years of Service Impact My Federal Retirement
The Best Ages for Federal Employees to Retire
