The Supreme Court heard oral arguments on Jan. 9 in a case that will determine whether a unique group of federal employees within the National Guard can keep their union rights. The case, called Ohio Adjutant General's Department v. Federal Labor Relations Authority, raises the question of whether state National Guards can be forced to collectively bargain with National Guard technicians.
Background
The National Guard is a joint state and federal operation. Unlike part-time National Guard members, the technicians are full-time employees who do clerical, administrative and technical jobs relating to equipment maintenance, human resources, information technology and more.
In 1968, the National Guard Technicians Act made the technicians federal employees, so they could gain access to the fringe and retirement benefits of federal employees. Their role is a hybrid of military and civilian classifications. In this case, the technicians are hired by Ohio and receive paychecks directly from the U.S. Defense Department.
The American Federation of Government Employees, a union representing the technicians in Ohio's Army and Air National Guards, filed unfair labor practice complaints with the Federal Labor Relations Authority (FLRA). The union alleged that the Ohio National Guard committed unfair labor practices by:
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