A unique group of federal employees within the National Guard can keep their union rights, according to a 7-2 ruling by the U.S. Supreme Court on May 18. A 6th U.S. Circuit Court of Appeals ruling along these lines was affirmed.

The case, Ohio Adjutant General's Department v. Federal Labor Relations Authority, originally raised the question of whether state National Guards are required to collectively bargain with National Guard dual-status technicians. The Supreme Court ultimately focused on whether the Federal Labor Relations Authority (FLRA) had jurisdiction over the dispute and concluded that it did.

"The Supreme Court reaffirmed long-established law. The adjutant general's attempt to end that relationship was rejected. The parties can get back to re-creating their relationship," said Robert Tobias, a public-sector leadership professor [GC1] at American University in Washington, D.C.

The ruling "will allow dual-status technicians to have collective bargaining rights, but also additional protections, such as the opportunity to have union representation during formal discussions concerning any condition of employment, similar to Weingarten rights in the private sector," said Brian Holladay, an attorney with Martenson, Hasbrouck & Simon in Atlanta. "The statutory provisions here are unique. The court notes that dual-status technicians are 'rare birds,' so the fallout from this decision for public-sector HR folks should be limited."

Background

The National Guard is a...

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