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Jerry Todd, Benjamin E. Abeyta, Christopher Blas Abeyta, Richard Acker, Larry Allred, David Lind Ausherman, Richard Severn Boatman, Russell T. Bowlin, Larry Allan Braaten, Linda Kaye Brown, William Duane Bryan, Jennifer Lee Ceithaml, Richard Chavez, Oliver Dallas, Larry David Duke, Brent Lee Eberhart, William J. Foley, Peter B. Fredrikson, William L. Gonzales, Modesto R. Gutierrez, Ray Martin Helman, Maurice Howland, Steven Gerard Kubala, Carol Ann Latham, Larry Layden, Terry L. Locke, Kent T. MacKenzie Roger Anthony Mandeville, Joan M. Mallen, Dale E. McCabe Joel D. McCoy Donald E. McFarland Holly L. Mings, James P. Morgan, David Carl Mott, Janet Louise Mould, Glen R. Nicolet, Phillip Charles Oliver, Terry Perez, Gary Clyde Perrin, Brenda Louise Perry, Gary Albert Postlewait, Andrew Paul Rankin, James M. Reeves, Larry Roy Rolls, Donald Alan Schlosser, Roger Craig Schlotterback, Jon Leslie Semanek, Librado Silva, Mark Spauling, Jeffrey L. Sproul, Richard Alan Sutton, Michael S. Szucs, Gregory Tingley, Richard

Citations: 386 F.3d 1091; 175 L.R.R.M. (BNA) 2967; 2004 U.S. App. LEXIS 20758Docket: 03-5120

Court: Court of Appeals for the Federal Circuit; October 5, 2004; Federal Appellate Court

Narrative Opinion Summary

The case involves a group of supervisors and managers from the Albuquerque Air Traffic Control Center, who appealed a dismissal of their claim for back pay by the United States Court of Federal Claims. The appellants argued for reclassification of their facility from ATC-10 to ATC-11 due to increased air traffic, which would entitle them to higher salaries under a Collective Bargaining Agreement (CBA) and a Memorandum of Understanding (MOU). They claimed to be third-party beneficiaries of these agreements. However, the court dismissed their claim on the grounds of lack of jurisdiction under the Tucker Act, as their claim did not involve presently due money damages independent of the Act itself. The court emphasized that federal employees derive benefits from their appointment, not from contracts, and must follow grievance procedures outlined in the CBA. Additionally, the court applied the principle from the Testan case, which precludes claims for pay without proper appointment or reclassification. Consequently, the court affirmed the dismissal, reiterating that the claim sought an equitable remedy beyond the court's jurisdiction, and each party was ordered to bear its own costs.

Legal Issues Addressed

Application of the Testan Principle

Application: Federal employees cannot claim pay for positions to which they have not been appointed, consistent with the Testan decision.

Reasoning: The principle established is that one cannot claim benefits of a position without proper appointment.

Enforcement of Collective Bargaining Agreements

Application: Enforcing the CBA requires following mandatory grievance procedures; failure to do so invalidates claims in the Court of Federal Claims.

Reasoning: Their attempt to circumvent these procedures undermines their claim, as established legal precedents indicate that such grievance processes must be followed before litigation in the Court of Federal Claims.

Jurisdiction Under the Tucker Act

Application: The Court of Federal Claims can only hear claims for presently due money damages based on substantive rights separate from the Tucker Act itself.

Reasoning: Appellants filed a lawsuit in the Court of Federal Claims under the Tucker Act, which allows for claims against the United States based on the Constitution, federal laws, or contracts.

Limitations on Claims for Reclassification and Back Pay

Application: Claims for reclassification and back pay must be based on a prior reclassification to establish presently due damages, otherwise they seek equitable remedies outside the court's jurisdiction.

Reasoning: Without prior reclassification, there can be no basis for back pay or salary increases.

Third-Party Beneficiary Claims for Federal Employees

Application: Federal employees cannot claim as third-party beneficiaries of a Collective Bargaining Agreement if they derive benefits from appointment, not from contractual rights.

Reasoning: Yet, because appellants are not parties to the CBA or MOU, they lack the necessary contractual relationship to claim damages.