United States DC Circuit

In a petition for review of an FLRA order requiring the SEC to provide back pay for unilaterally ending within-grade pay increases, the petition is denied, where: 1) the FLRA's credibility determinations were supported by substantial evidence; and 2) back pay was appropriate because the within-grade increases were virtually automatic and non-competitive.

Appellate Information

• Argued 05/05/2009
• Decided 06/12/2009
• Published 06/12/2009

Judges

• Before:  GINSBURG, BROWN and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Samuel M. Forstein, Assistant General Counsel, Securities & Exchange Commission, argued the cause for petitioner.   With him on the briefs were Andrew N. Vollmer, Acting General Counsel, and Rufus Beatty, Senior Special Counsel.  Richard M. Humes, Associate General Counsel, entered an appearance., Barbara A. Sheehy argued the cause for intervenor.   With her on the brief were Gregory O'Duden and Elaine Kaplan.  Barbara A. Atkin entered an appearance.


• For Appellees:
  
• James F. Blandford, Attorney, Federal Labor Relations Authority, argued the cause for respondent.   With him on the brief were Rosa M. Koppel, Solicitor, and William R. Tobey, Deputy Solicitor.