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Federal employees' access to federal courts
December 04, 2005 by Ross Runkel at LawMemo
The US Supreme Court hears oral arguments December 5 in Whitman v. Department of Transportation (No. 04-1131).
Whitman sued in federal court claiming his employer, the Federal Aviation Administration, disproportionately tested him for substance abuse in violation of the first amendment and a federal statute. The trial court held it had no subject matter jurisdiction; the 9th Circuit affirmed; the US Supreme Court granted certiorari to review the 9th Circuit decision.
The 9th Circuit reasoned that the Civil Service Reform Act (CSRA) generally does not allow federal court suits. The CSRA requires collective bargaining agreements to include procedures for resolving "grievances" such as Whitman's claims. Before 1994 CSRA provided that the collectively bargained procedures "shall be the exclusive procedures for resolving grievances." The 1994 amendment added one word: "shall be the exclusive ADMINISTRATIVE procedures for resolving grievances." The 9th Circuit said the amendment "does not constitute an express grant of federal court jurisdiction."
Decision below: Whitman v. Department of Transportation (9th Cir 08/30/2004)
Briefs: http://www.lawmemo.com/docs/us/whitman/
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