In Ohio Adjutant General's Department v. Federal Labor Relations Authority, the Supreme Court of the United States ("SCOTUS") considered the scope of the Federal Labor Relations Authority's jurisdiction over technicians who have “dual status” in the National Guard as civilian and military employees.
In a 7-2 ruling, the Court held that when the National Guard is operating in its hiring and supervisory capacity over technicians performing their civilian roles, it is acting as a federal agency for purposes of the Federal Service Labor-Management Relations Statute. Accordingly, the Federal Labor Relations Authority has jurisdiction over any arising labor disputes.
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