Union urges protections for feds

The National Treasury Employees Union has filed a “friend-of-the-court brief” on behalf of three federal employees asking the Supreme Court to review their appeals of Merit Systems Protection Board cases.

Although the NTEU does not represent the three federal employees in question, the union is asking the Supreme Court to review and to reverse a lower court decisions that denies the employees the opportunity to have a federal court review the adverse employment actions against them.

The employees appeals were filed late through no fault of their own, according to NTEU, and they should be allowed to challenge their dismissals or demotions in federal court.

“These cases are about protecting all federal employees – including whistleblowers – from retaliation or otherwise illegal personnel actions,” NTEU National President Tony Reardon, said. “The law says they have the right to federal court review of these actions. When their paperwork is late because of someone else’s mistakes, the court can and should excuse the tardiness,” he added.

According to NTEU, in all three cases, the U.S. Court of Appeals for the Federal Circuit denied the employees their day in court because of inadvertently missed deadlines; two were late because the court posted incorrect information about the deadlines on its own website, and in the third case, the employee sent his petition by priority mail 13 days before the deadline, but it took 16 days to arrive.

“These lower court rulings were incorrect, harsh, and contrary to Congress’ intent to give federal employees an impartial review of adverse actions taken against them,” Reardon said.

AFGE also filed a brief on behalf of the employees.

Reader comments

Fri, Dec 1, 2017

When will the unions representing federal employees get out there and really fight (not talk and blab) about how they are working for the benefits and salary increases. Maybe it is time they also focus on inept management who are responsible in the low morale of government employees. Get rid of most management and then morale would incrementally increase over a short period of time.

Tue, Nov 28, 2017

Not a union basher but the NTEU finally does something rather than talk a lot and take folks income as dues. Next they should be more vocal about the poor salary adjustments given to federal employees by both democratic and republican presidents.

Please post your comments here. Comments are moderated, so they may not appear immediately after submitting. We will not post comments that we consider abusive or off-topic.

Please type the letters/numbers you see above


Edward A. Zurndorfer Certified Financial Planner
Mike Causey Columnist
Tom Fox VP for Leadership and Innovation, Partnership for Public Service
Mathew B. Tully Legal Analyst

Free E-Newsletter


I agree to this site's Privacy Policy.

Stay Connected

Latest Forum Posts

Ask the Expert

Have a question regarding your federal employee benefits or retirement?

Submit a question