National Treasury Employees Union v. Federal Labor Relations Authority

OVERVIEW

The National Treasury Employees Union (“NTEU”) petitions this court for review of the Federal Labor Relations Authority’s (“FLRA” or “Authority”) decision holding that grievances filed by NTEU on behalf of its members were not arbitrable. We dismiss for lack of jurisdiction.

BACKGROUND

Before a seagoing vessel originating from a foreign port can unlade cargo at a United States port, it must make formal entry at the domestic port. 19 U.S.C. § 1435 . 1 Because formal entry was often time-consuming and inefficient, Congress provided an alternative, streamlined “preliminary entry” procedure that is used solely at the request of the vessel’s master. See 19 U.S.C. § 1448 . This optional preliminary entry procedure was, at the time the present ease arose and until December 8, 1993, governed by 19 U.S.C. § 1448 (a). 2 Pursuant to § 1448(a), the vessel’s master could accomplish preliminary entry by affirming the truth of the statements contained in the vessel’s manifest and delivering the manifest to the United States Customs Service (“Customs Service”) Officer who boarded the vessel. Id. After preliminary entry was accomplished, cargo could be unloaded to approved storage…