United States Department of Homeland Security, Petitioner v. Federal Labor Relations Authority, Respondent (2016)

ORDER

Upon consideration of the motion to dismiss for lack of jurisdiction, the opposition thereto, and the reply; and the cross-motion to hold in abeyance, the oppositions thereto, and the reply, it is

ORDERED that the motion to dismiss be granted. Petitioner has not shown that this case falls within an exception to the statutory bar to judicial review of a decision of the Federal Labor Relations Authority involving an arbitrator's award. See 5 U.S.C. § 7123(a); see also U.S. Dep't of Homeland Sec., U.S. Customs & Border Prot., Scobey, Mont. v. FLRA, 784 F.3d 821 (D.C. Cir. 2015). Cf. Griffith v. FLRA, 842 F.2d 487 (D.C. Cir. 1988) (holding that 5 U.S.C. § 7123(a)(1) does not prevent the court from hearing constitutional challenges to FLRA arbitration decisions); Dep't of the Treasury, U.S. Customs Service v. FLRA, 43 F.3d 682, 691 (D.C. Cir. 1994) (“Our review is available for the limited purpose of determining whether the Authority exceeds its jurisdiction.”). It is

FURTHER ORDERED that the motion to hold in abeyance be dismissed as moot.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

Per Curiam