Union's complaint against Impasses Panel to go forward

A federal labor union can go ahead with a lawsuit challenging the constitutionality of the composition of the Federal Services Impasses Panel, a judge ruled June 22.

U.S. District Court Judge Richard Leon denied a motion from the Federal Labor Relations Authority, the parent agency of FSIP, to dismiss the lawsuit being brought by the American Federation of Government Employees Council 222, which represents workers at the Department of Housing and Urban Development.

The case, which was filed last June, is one of a handful in which AFGE has sued the agency for violating the Constitution's Appointments clause because panel members "wield substantial power over federal sector labor relations but are not appointed with the advice and consent of the U.S. Senate."

The FLRA previously had moved to consolidate the cases challenging its constitutionality, but that bid was denied.

"Although the judge has not ruled on the merits of the case, this is a great procedural victory in AFGE's fight against these illegal appointments," AFGE National President Everett Kelley said in a statement.