National Association of Agriculture Employees v. Federal Labor Relations Authority, and Customs and Border Protection, Intervenor

We must decide whether a determination by the Federal Labor Relations Authority (FLRA) that certain government employees are professionals is an order involving an appropriate collective bargaining unit determination. If it is, we lack jurisdiction to review it under the Federal Service Labor Management Relations Statute (FSLMRS), 5 U.S.C. §§ 7101 et seq.

The National Association of Agriculture Employees (NAAE) is a union that until recently represented federal agricultural inspectors stationed at the nation’s borders and ports. NAAE challenges the FLRA’s finding that the inspectors are not “professional employees” under the FSLMRS and consequently do not have the right to vote themselves into a professionals-only collective bargaining unit. We hold that the FLRA’s professional status finding in this case was a component of an appropriate unit determination. Since § 7123(a)(2) precludes review of such determinations, we dismiss for lack of jurisdiction.

Factual and Procedural History

In November 2002, the President signed the Homeland Security Act of 2002(HSA), Pub.L. No. 107-296, 116 Stat. 2135, which restructured and combined several preexisting executive branch agencies to…