Tinker Air Force Base v. Federal Labor Relations Authority

Type

Opinion of the Court

Author

David M. Ebel

Filed

Nov. 4, 2002

Case

Tinker Air Force Base v. Federal Labor Relations Authority

Case status

Decided

The first passage of the document, as extracted by the source provider.

ORDER AND JUDGMENT * EBEL, Circuit Judge. Petitioner Tinker Air Force Base (Tinker AFB) seeks review of a determination by the Federal Labor Relations Authority (FLRA) that Tinker AFB committed an unfair labor practice. The FLRA cross-petitioned for enforcement of its order and moved to dismiss Tinker AFB’s petition asserting that this court lacks subject matter jurisdiction to consider the petition. We DISMISS Tinker AFB’s petition because we lack jurisdiction to consider it and we GRANT the FLRA’s request that we enforce its order. BACKGROUND This case arose out of a complaint filed with the FLRA by the American Federation of Government Employees, Local 916, alleging that Tinker AFB violated 5 U.S.C. § 7116 (a)(1) and (8) by having formal discussion with members of the bargaining unit without affording the union notice of the discussions and an opportunity to participate as required by 5 U.S.C. § 7114 (a)(2)(A). An Administrative Law Judge heard the case and issued a recommended decision concluding that Tinker AFB violated the statutes. Tinker AFB attempted to file exceptions to the ALJ’s recommended decision but failed timely to file them with the correct division of the FLRA. W…

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