Court Upholds Pentagon Labor Policies

[Eugene]

Source: Associated Press

Court Upholds Pentagon Labor Policies

Friday, May 18, 2007; 1:48 PM

WASHINGTON -- A federal appeals court said Friday the Pentagon
has the authority to pick and choose which labor issues it will
negotiate with unions representing more than 600,000 civilian
employees.

The policy has been on hold since early last year when a federal
judge said it eroded collective bargaining rights.

The U.S. Court of Appeals for the District of Columbia Circuit
overturned that ruling Friday, saying in a 2-1 decision that
Congress temporarily authorized the policy change until 2009.

The policy gives Defense Secretary Robert Gates greater
flexibility to change workers' assignments and refuse to
negotiate over certain issues.

-snip-

Read more: http://www.washingtonpost.com/wp-dyn/content/article/2007/05/18/AR2007051800906.html

[annabanana]

1. So it's basically "Management" gets to decide and labor

just has to take it.. . . Right?

[cosmicdot]

2. the 3 judges' bios and link to the case's decision

http://pacer.cadc.uscourts.gov/docs/common/opinions/200705/06-5113a.pdf

2 Republican judges, Kavanaugh and Williams, made up the 2 deciding votes;
Tatel, a Clinton appointee, dissented


Tatel, David S. (dissenting opinion)

Born 1942 in Washington, DC

Federal Judicial Service:
Judge, U. S. Court of Appeals for District of Columbia Circuit
Nominated by William J. Clinton on June 20, 1994, to a seat vacated by Ruth Bader Ginsburg; Confirmed by the Senate on October 6, 1994, and received commission on October 7, 1994.

Education:
University of Michigan, B.A., 1963

University of Chicago Law School, J.D., 1966

Professional Career:
Instructor, University of Michigan Law School, 1966-1967
Private practice, Chicago, Illinois, 1967-1969
Executive director, Chicago Lawyer's Committee for Civil Rights Under Law, 1969-1970
Private practice, Chicago, Illinois, 1970-1972
Director, Chicago Lawyer's Committee for Civil Rights Under Law, 1972-1974
Private practice, Washington, DC, 1974-1977
Director, Office of Civil Rights, U.S. Department of Health, Education, and Welfare, 1977-1979
Private practice, Washington, DC, 1979-1994

Race or Ethnicity: White

Gender: Male


Kavanaugh, Brett M. (one of the 2 judges siding w/management)

Born 1965 in Washington, DC

Federal Judicial Service:
Judge, U. S. Court of Appeals for District of Columbia Circuit
Nominated by George W. Bush on February 25, 2006, to a seat vacated by Laurence H. Silberman; Confirmed by the Senate on May 26, 2006, and received commission on May 30, 2006.

Education:
Yale College, B.A., 1987

Yale Law School, J.D., 1990

Professional Career:
Law clerk, Hon. Walter K. Stapleton, U.S. Court of Appeals for the Third Circuit, 1990-1991
Law clerk, Hon. Alex Kozinski, U.S. Court of Appeals for the Ninth Circuit, 1991-1992
Attorney, Office of the Solicitor General, U.S. Department of Justice, 1992-1993
Law clerk, Associate Justice Anthony M. Kennedy, Supreme Court of the United States, 1993-1994
Counsel, 1994-1997, Associate counsel, 1998, Office of Independent Counsel Kenneth W. Starr
Private practice, 1997-1998, 1999-2001
Associate counsel to the President, Washington, DC, 2001-2003
Senior associate counsel to the President, Washington, DC, 2003
Assistant to the President and staff secretary, Washington, DC, 2003-2006

Race or Ethnicity: White

Gender: Male


Williams, Stephen Fain (the other decider)

Born 1936 in New York, NY

Federal Judicial Service:
Judge, U. S. Court of Appeals for District of Columbia Circuit
Nominated by Ronald Reagan on February 19, 1986, to a seat vacated by Malcolm R. Wilkey; Confirmed by the Senate on June 13, 1986, and received commission on June 16, 1986. Assumed senior status on September 30, 2001.

Education:
Yale University, B.A., 1958

Harvard Law School, J.D., 1961

Professional Career:
U.S. Army Reserve Private E-2, 1961-1962
Private practice, New York City, 1962-1966
Assistant U.S. attorney, Southern District of New York, 1966-1969
Associate professor of law, University of Colorado, 1969-1976
Visiting professor, University of California at Los Angeles School of Law, 1975-1976
Professor of law, University of Colorado, 1976-1986
Visiting professor and fellow in law and economics, University of Chicago, 1979-1980
Visiting professor of energy law, Southern Methodist University School of Law, 1983-1984


Race or Ethnicity: White

Gender: Male