Kimberly Adams, Dale Anderson, Jr., Kenneth Baalman, Patricia C. Ball, Debbie Barkman, Celeste B. Berry, Debra Billings, Linda Bland, Monica A. Boyd, Anita Brewster, Trenace R. Brown, George Burkel, Annette Brown-Burnett, Victoria R. Carthen, Jimmy Chan, Kathy Collier, Paul D. Collier, Racheal Collins, Joyce Dunlap, Elizabeth L. Eaglin, Maggie L. Ester, Juanita Esters, Kathleen Flynn, Carolyn Ford, Richard L. Frierdich, Jr., Michael Gaffney, Lauren Glass, Doris Gilmore, Kathleen Glauber, Patricia Gramm, William Grawe, Josephine C. Gray, Lyonette Gordon, Karen L. Griffith, Doris Grinston, Carol Hadley, Karriem Hale, Kay Lepp Hefflinger, Denise M. Hemmer, Consuela S. Henderson, Latanya Henderson, Shurketia Herring, Theresa Holland, Kimberly E. Holton, David Hotard, Peggy Hubbard, Theresa M. Huxhold, Judith Jackson-Buckner, Felicia Johnson, Jeffery P. Johnson, Kimberly Johnson, John J. Jones, Tracy Jones, Tequella Jones-Dee, Pamela Joseph, Bernard S. Kim, Lisa Kitners, Katherine P. Krause, Richardine Lawrence, S

Citations: 314 F.3d 1367; 171 L.R.R.M. (BNA) 2837; 2003 U.S. App. LEXIS 232Docket: 01-3385

Court: Court of Appeals for the Federal Circuit; January 7, 2003; Federal Appellate Court

Combined Opinion AnalysisCombined Opinion SummaryCombined Opinion Original

Narrative Opinion Summary

The case involves a dispute between a group of seasonal employees at the IRS's St. Louis office and the agency's policy of implementing a two-week annual furlough, placing employees in nonduty, nonpay status. The employees, represented by the NTEU, argued that this practice violated their collective bargaining agreement, which stipulated that pay status should be based on work availability and employee standing. However, the IRS contended that the furlough was mandated to comply with OPM regulations defining seasonal employment as periods of less than 12 months annually. An arbitrator ruled in favor of the IRS, determining that the furlough was necessary under OPM regulations, overriding the collective bargaining agreement. The decision was appealed, and the Court of Appeals affirmed the arbitrator's ruling, citing jurisdiction under 5 U.S.C. 7121(f) due to the question of an adverse action furlough. The court concluded that the two-week furlough aligned with the employees' individual agreements and seasonal employment definitions, and did not constitute an adverse action under 5 U.S.C. 7512. Thus, the IRS's practice was upheld, maintaining the status quo for seasonal employee work periods.

Legal Issues Addressed

Adverse Action Furlough under 5 U.S.C. 7512subscribe to see similar legal issues

Application: The two-week release did not qualify as an adverse action furlough because it was consistent with the employment agreements and did not violate 5 U.S.C. 7512.

Reasoning: Consequently, the two-week release aligns with the employment agreements and does not qualify as an adverse action furlough under 5 U.S.C. 7512.

Collective Bargaining Agreement vs. OPM Regulationssubscribe to see similar legal issues

Application: The court found that compliance with OPM regulations requiring a two-week furlough took precedence over the collective bargaining agreement, which was claimed to be violated by the NTEU.

Reasoning: The arbitrator ruled in favor of the IRS, determining that the two-week release was not due to a lack of work, thus constituting a furlough that violated the collective bargaining agreement. However, the arbitrator concluded that compliance with OPM regulations required the annual furlough, which took precedence over the bargaining agreement.

Jurisdiction under 5 U.S.C. 7121(f)subscribe to see similar legal issues

Application: The court held jurisdiction under 5 U.S.C. 7121(f) as the arbitrator's decision involved a determination of whether the petitioners experienced an adverse action, specifically a furlough of 30 days or less.

Reasoning: Petitioners sought judicial review of an arbitrator's decision under 5 U.S.C. 7121(f), which allows for review of arbitration awards related to adverse agency actions as if decided by the Merit Systems Protection Board (MSPB).

Seasonal Employment Definition under OPM Regulationssubscribe to see similar legal issues

Application: The IRS's practice of placing seasonal employees on nonduty, nonpay status for two weeks annually aligns with OPM regulations, which define seasonal employment as recurring periods of work of less than 12 months.

Reasoning: Federal agencies have employed seasonal workers for over 40 years without explicit statutory authority, relying instead on the Office of Personnel Management (OPM) regulations that allow such hiring under the President's general authority.