×
Thursday, October 1, 2026

High Court Will Consider Whether FLRA Can Decide Dispute Between Ohio National Guard and Union - SHRM

The U.S. Supreme Court has agreed to review whether the Federal Labor Relations Authority (FLRA) can decide a dispute between the Ohio National Guard and a union representing the Ohio National Guard's technicians. We've gathered articles on the news from SHRM Online and other outlets.

Case Before the Court

The Ohio National Guard went to federal court after the FLRA ruled that the Guard committed several unfair labor practices, including failing to bargain with the union, ending the automatic withdrawal of members' dues payments and announcing it's not bound by federal-sector labor law. The FLRA argued that the 6th U.S. Circuit Court of Appeals correctly held that Guard technicians, who have dual status as members of the state militia and as federal employees, are protected by federal-sector labor law.

Ohio Attorney General's Statement

Ohio Attorney General Dave Yost issued the following statement on the Supreme Court's decision to review Ohio Adjutant General v. Federal Labor Relations Authority: "I have consistently gone to court to combat federal overreach, and this case is more of the same," Yost said. "Long story short, the FLRA can regulate federal agencies only. Neither the Ohio National Guard nor Ohio Adjutant General's Department is a federal agency. So the FLRA cannot regulate them."

6th Circuit Ruling

The 6th Circuit had upheld a ruling by the FLRA that said the Ohio National Guard violated federal labor law in 2016 by abruptly ending its 45-year bargaining...



Read Full Story: https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pa...