National Association of Agriculture Employees v. Federal Labor Relations Authority

**Union Challenge Over Worker Classification Dismissed by Court** This case involved a dispute between the National Association of Agriculture Employees union and federal agencies over how to classify certain agricultural specialists who work for Customs and Border Protection. The union disagreed with a decision by the Federal Labor Relations Authority (FLRA) about whether these agricultural workers should be considered "professionals" for the purposes of forming a union bargaining unit. The Ninth Circuit Court of Appeals dismissed the union's challenge, ruling that the court had no power to review this type of decision. The court explained that when the FLRA determines whether workers are professionals as part of deciding what groups of employees can form bargaining units together, that decision cannot be appealed to federal courts. This authority is specifically excluded from judicial review under federal labor law. **What this means for workers:** Federal employees should understand that certain decisions about how workers are grouped together for union representation purposes cannot be challenged in court. If you're a federal worker involved in union organizing, the FLRA's determinations about whether your job qualifies as "professional" and which workers can be grouped together are generally final and cannot be overturned by judges.