Securities and Exchange Comm. v. Federal Labor Relations Authority, No. 08-1256

In a petition for review of an FLRA order requiring the SEC to provide back pay for unilaterally ending within-grade pay increases, the petition is denied, where: 1) the FLRA's credibility determinations were supported by substantial evidence; and 2) back pay was appropriate because the within-grade increases were virtually automatic and non-competitive.

Securities and Exchange Comm. v. Federal Labor Relations Authority, No. 08-1256.

Appeal Information:

Argued May 5, 2009. Decided June 12, 2009.

Judges:

Before GINSBURG, BROWN and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge BROWN.

Concurring opinion filed by Circuit Judge KAVANAUGH.

Counsel:

Samuel M. Forstein, Assistant General Counsel, Securities & Exchange Commission, argued the cause for petitioner. With him on the briefs were Andrew N. Vollmer, Acting General Counsel, and Rufus Beatty, Senior Special Counsel. Richard M. Humes, Associate General Counsel, entered an appearance.

James F. Blandford, Attorney, Federal Labor Relations Authority, argued the cause for respondent. With him on the brief were Rosa M. Koppel, Solicitor, and William R. Tobey, Deputy Solicitor.

Barbara A. Sheehy argued the cause for intervenor. With her on the brief were Gregory O'Duden and Elaine Kaplan. Barbara A. Atkin entered an appearance.