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SCOTUS Rules that FLRA Has Jurisdiction Over Dual Status National Guard Employees

Posted by Sarah-Kathryn Bryan | Jun 06, 2024 | 0 Comments

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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About the Author

Sarah-Kathryn Bryan

Sarah Kathryn Bryan is an associate attorney at Shortell Law LLC. Ms. Bryan handles cases in family law, business, employment, estate planning and general civil litigation.

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