Opinion

United States Department of Justice Federal Bureau of Prisons Federal Correctional Complex Coleman v. Federal Labor Relations Authority

737 F.3d 779
407 U.S. App. D.C. 283
198 L.R.R.M. (BNA) 2001
2013 U.S. App. LEXIS 24925
2013 WL 6596811

Court: Court of Appeals for the D.C. Circuit
Filed: Dec 17, 2013
Status: Published
Author: Silberman
On the bench: Brown, Edwards, Silberman
Cited by: 1 cases

The opinion

SILBERMAN, Senior Circuit Judge,

concurring in part.

I join the panel opinion with one exception. Counsel for the FLRA explicitly stated at oral argument that an impasse panel would not be able to order the petitioner to actually do anything regarding the “should” clause. I think that statement would certainly constitute an “unusual circumstance” providing grounds for review of a wayward impasse panel decision, and we should accept the Authority’s assurance. That makes the dispute over the “should” clause a tempest in a teapot.

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