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Ohio Adjutant General’s Department v. Federal Labor Relations Authority

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Docket No. Op. Below Argument Opinion Vote Author Term
21-1454 6th Cir. Jan 9, 2023
 May 18, 2023 7-2 Thomas OT 2022

Holding: The Federal Labor Relations Authority had jurisdiction over this labor dispute because a state National Guard acts as a federal agency for purposes of the Federal Service Labor-Management Relations Statute when it hires and supervises dual-status technicians serving in their civilian role.

Judgment: Affirmed, 7-2, in an opinion by Justice Thomas on May 18, 2023. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 13 2022Petition for a writ of certiorari filed. (Response due June 16, 2022)
Jun 08 2022Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk.
Jun 09 2022Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022, for all respondents.
Jun 16 2022Brief amici curiae of Mississippi, et al. filed.
Jul 15 2022Brief of Milledge, Matthew Whitmore American Federation of Government Employees, Local 3970, AFL-CIO in opposition filed.
Jul 18 2022Brief of respondent Federal Labor Relations Authority in opposition filed.
Jul 25 2022Reply of petitioners The Ohio Adjutant General's Department, et al. filed.
Aug 03 2022DISTRIBUTED for Conference of 9/28/2022.
Oct 03 2022Petition GRANTED limited to Question 1 presented by the petition.
Nov 08 2022Blanket Consent filed by Respondent, Federal Labor Relations Authority
Nov 09 2022Brief of petitioners The Ohio Adjutant General's Department, et al. filed.
Nov 09 2022Joint appendix filed. (Statement of costs filed)
Nov 10 2022SET FOR ARGUMENT on Monday, January 9, 2023.
Nov 14 2022Blanket Consent filed by American Federation of Government Employees, Local 3970
Nov 15 2022Brief amicus curiae of America First Policy Institute filed.
Nov 16 2022Record requested from the U.S.C.A. 6th Circuit.
Nov 16 2022Brief amici curiae of Mississippi, et al. filed.
Nov 16 2022Brief amicus curiae of Americans for Fair Treatment filed.
Nov 16 2022Brief amicus curiae of South Carolina filed.
Nov 29 2022Motion for divided argument filed by American Federation of Government Employees, Local 3970.
Dec 07 2022CIRCULATION
Dec 09 2022Brief of respondent American Federation of Government Employees, Local 3970 filed. (Distributed)
Dec 09 2022Brief of respondent Federal Labor Relations Authority filed. (Distributed)
Dec 16 2022Brief amici curiae of Military Law Scholars filed. (Distributed)
Dec 16 2022Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed)
Dec 20 2022Record received from the U.S.C.A. 6th Circuit. The record has been transmitted electronically.
Dec 22 2022Reply of petitioners The Ohio Adjutant General's Department, et al. filed. (Distributed)
Dec 23 2022Motion for divided argument filed by American Federation of Government Employees, Local 3970 GRANTED.
Jan 09 2023Argued. For petitioners: Benjamin M. Flowers, Solicitor General, Columbus, Ohio. For federal respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For union respondent: Andres M. Grajales, Washington, D. C.
May 18 2023Adjudged to be AFFIRMED. Thomas, J. delivered the opinion of the Court, in which Roberts, C. J, and Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined.
Jun 20 2023Judgment issued.