United States Fifth Circuit

Mississippi Army National Guard civilian technicians are clearly federal employees by virtue of the National Guard Technicians Act, 32 U.S.C. section 709, and are included under the terms of the Federal Service Labor-Management Relations Act (FSLMRA) as federal employees of an Executive agency. Plaintiffs are federal executive agencies for the purpose of the FSLMRA and subject to its jurisdiction.(Revised opinion)

Appellate Information

• Decided 06/24/2003
• Published 06/30/2003

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, DUHÉ, and WIENER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Emerson Barney Robinson, III (argued), Jeffrey A. Walker, Butler, Snow, O'Mara, Stevens & Cannada, Tom Hunt Cole, Jr, Jackson, MS, for Plaintiffs-Appellants.


• For Appellees:
  
• David M. Smith, Sol., William E. Persina (argued), William R. Tobey, Fed. Labor Relations Authority, Washington, DC, for Defendants-Appellees.