Episode description

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Ohio Adjutant General's Department v Federal Labor Relations Authority.

In this case, the court considered this issue: Does the Civil Service Reform Act of 1978 empower the Federal Labor Relations Authority to regulate the labor practices of state militias?

The case was decided on May 18, 2023. 

The Supreme Court held that The Federal Labor Relations Authority (FLRA) had jurisdiction over this labor dispute because the state militia was acting as a federal agency when it hired and supervised dual-status technicians serving in their civilian roles. Justice Clarence Thomas authored the 7-2 majority opinion of the Court.

Under the Federal Service Labor-Management Relations Statute (FSLMRS), the FLRA has jurisdiction only over labor organizations and federal agencies. The FSLMRS defines “agency” to include the Department of Defense. Dual-status technicians are defined by statute to be employees of the Department of the Air Force or Department of the Army—both of which are components of the Department of Defense and thus plainly within the jurisdiction of the FLRA. By hiring and supervising these employees, the Ohio National Guard and its Adjutant General were acting as a federal agency.

Justice Samuel Alito filed a dissenting opinion, in which Justice Neil Gorsuch joined, arguing that while the Guard may act as a federal agency, exercise the authority of such an agency, and function as an agency, is not actually an agency and thus is outside the jurisdiction of the FLRA.

The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.