No specific laws identified for this ruling.
The Court of Appeals set aside the Federal Labor Relations Authority's order as arbitrary and capricious for failing to reasonably explain its departure from precedent regarding whether a CBP memorandum constituted a bargainable change in conditions of employment, and remanded for further proceedings.
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REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(1) and (6). On or before 2/12/2021, defendant is directed to FILE an answer or otherwise respond to plaintiffs' complaint and on or before 2/12/2021, the parties are directed to CONFER and FILE a Joint Status Report informing the court of their positions on the consolidation of this case with any other matters before the court. Signed by Judge Patricia E. Campbell-Smith. (mp) Service on parties made. Modified font of text on 12/13/2020 Keywords re: Reported Order on Motion to Dismiss. Motion to Dismiss RCFC 12(b)(6) Border Patrol Agent Pay Reform Act, 5 U.S.C. § 5550 Back Pay Act, 5 U.S.C. § 5596 Anti-Deficiency Act (ADA), 31 U.S.C. §§ 1341-42 Government Employees Fair Treatment Act of 2019 (GEFTA) Pub. L. No. 116-1, 133 Stat. 3 (2019).
REPORTED MEMORANDUM OPINION AND ORDER granting Government's Motion for Partial Summary Judgment on Appropriations Caps denying [46] Plaintiffs' Motion for Partial Summary Judgment on Appropriations Caps and denying as moot [42] Government's Motion for Partial Summary Judgment on Appropriations Caps. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.
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