From Government Executive:
A union representing administrative law judges at the Social Security Administration on Thursday asked a federal appeals court to halt an impasses panel's proceedings with the agency, after the panel and another labor-management entity failed to respond to a constitutional challenge.
Last October, the Social Security Administration declared an impasse in negotiations over a new contract with the Association of Administrative Law Judges, following a combined six months of negotiations and mediation, and asked for the Federal Service Impasses Panel to assert jurisdiction over the proceedings.
Later that month, the union objected to the impasses panel getting involved, arguing that the way its members are appointed is unconstitutional. The union’s argument echoes multiple ongoing lawsuits that claim that given the power granted to the impasses panel, as well as lack of oversight and parties to appeal its decisions, the Senate must confirm panel members, in accordance with the Appointments Clause of the Constitution.
But in January, the impasses panel asserted jurisdiction and declined to acknowledge the union’s objections. The union then filed a motion to the Federal Labor Relations Authority requesting a stay of proceedings and that the FLRA issue a decision on the merits of its constitutional challenge. Since then, the FLRA has not even acknowledged receipt of the union’s requests, while the impasses panel has set a Feb. 7 deadline for the union to submit its last best offers on the eight contract articles before the panel. ...
The Trump administration last November sought to blunt legal challenges to the impasses panel’s makeup by issuing a presidential memorandum delegating the president’s authority to fire panel members to the Federal Labor Relations Authority. Legal experts have doubted whether the memorandum would hold up to scrutiny, describing it as “diametrically opposed to the letter and the spirit” of the law establishing both panels. ...
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