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

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)
05/13/2022Petition for a writ of certiorari filed. (Response due June 16, 2022)
06/08/2022Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk.
06/09/2022Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022, for all respondents.
06/16/2022Brief amici curiae of Mississippi, et al. filed.
07/15/2022Brief of Milledge, Matthew Whitmore American Federation of Government Employees, Local 3970, AFL-CIO in opposition filed.
07/18/2022Brief of respondent Federal Labor Relations Authority in opposition filed.
07/25/2022Reply of petitioners The Ohio Adjutant General's Department, et al. filed.
08/03/2022DISTRIBUTED for Conference of 9/28/2022.
10/03/2022Petition GRANTED limited to Question 1 presented by the petition.
11/08/2022Blanket Consent filed by Respondent, Federal Labor Relations Authority
11/09/2022Brief of petitioners The Ohio Adjutant General's Department, et al. filed.
11/09/2022Joint appendix filed. (Statement of costs filed)
11/10/2022SET FOR ARGUMENT on Monday, January 9, 2023.
11/14/2022Blanket Consent filed by American Federation of Government Employees, Local 3970
11/15/2022Brief amicus curiae of America First Policy Institute filed.
11/16/2022Record requested from the U.S.C.A. 6th Circuit.
11/16/2022Brief amici curiae of Mississippi, et al. filed.
11/16/2022Brief amicus curiae of Americans for Fair Treatment filed.
11/16/2022Brief amicus curiae of South Carolina filed.
11/29/2022Motion for divided argument filed by American Federation of Government Employees, Local 3970.
12/07/2022CIRCULATION
12/09/2022Brief of respondent American Federation of Government Employees, Local 3970 filed. (Distributed)
12/09/2022Brief of respondent Federal Labor Relations Authority filed. (Distributed)
12/16/2022Brief amici curiae of Military Law Scholars filed. (Distributed)
12/16/2022Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed)
12/20/2022Record received from the U.S.C.A. 6th Circuit. The record has been transmitted electronically.
12/22/2022Reply of petitioners The Ohio Adjutant General's Department, et al. filed. (Distributed)
12/23/2022Motion for divided argument filed by American Federation of Government Employees, Local 3970 GRANTED.
01/09/2023Argued. 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.
05/18/2023Adjudged 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.
06/20/2023Judgment issued.