Ohio Adjutant General’s Department v. Federal Labor Relations Authority

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-1454	6th Cir.	Jan 9, 2023	May 18, 2023	7-2	Thomas	OT 2022

Holding: The Federal Labor Relations Authority had jurisdiction over this labor dispute because a state National Guard acts as a federal agency for purposes of the Federal Service Labor-Management Relations Statute when it hires and supervises dual-status technicians serving in their civilian role.

Judgment: Affirmed, 7-2, in an opinion by Justice Thomas on May 18, 2023. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.

SCOTUSblog Coverage

Leaving rare birds alone (Michael C. Duff, May 19, 2023)
If it aint broke, dont fix it? Justices consider whether to alter the National Guard collective-bargaining landscape (Michael C. Duff, January 10, 2023)
Justices will assess federal labor protections for National Guard technicians (Michael C. Duff, January 6, 2023)
Seven mostly low-profile cases are slated for oral arguments in January (Amy Howe, November 10, 2022)
Court agrees to hear nine new cases, including challenge to tech companies immunity under Section 230 (Amy Howe, October 3, 2022)

Date	Proceedings and Orders (key to color coding)
05/13/2022	Petition for a writ of certiorari filed. (Response due June 16, 2022)
06/08/2022	Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk.
06/09/2022	Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022, for all respondents.
06/16/2022	Brief amici curiae of Mississippi, et al. filed.
07/15/2022	Brief of Milledge, Matthew Whitmore American Federation of Government Employees, Local 3970, AFL-CIO in opposition filed.
07/18/2022	Brief of respondent Federal Labor Relations Authority in opposition filed.
07/25/2022	Reply of petitioners The Ohio Adjutant General's Department, et al. filed.
08/03/2022	DISTRIBUTED for Conference of 9/28/2022.
10/03/2022	Petition GRANTED limited to Question 1 presented by the petition.
11/08/2022	Blanket Consent filed by Respondent, Federal Labor Relations Authority
11/09/2022	Brief of petitioners The Ohio Adjutant General's Department, et al. filed.
11/09/2022	Joint appendix filed. (Statement of costs filed)
11/10/2022	SET FOR ARGUMENT on Monday, January 9, 2023.
11/14/2022	Blanket Consent filed by American Federation of Government Employees, Local 3970
11/15/2022	Brief amicus curiae of America First Policy Institute filed.
11/16/2022	Record requested from the U.S.C.A. 6th Circuit.
11/16/2022	Brief amici curiae of Mississippi, et al. filed.
11/16/2022	Brief amicus curiae of Americans for Fair Treatment filed.
11/16/2022	Brief amicus curiae of South Carolina filed.
11/29/2022	Motion for divided argument filed by American Federation of Government Employees, Local 3970.
12/07/2022	CIRCULATION
12/09/2022	Brief of respondent American Federation of Government Employees, Local 3970 filed. (Distributed)
12/09/2022	Brief of respondent Federal Labor Relations Authority filed. (Distributed)
12/16/2022	Brief amici curiae of Military Law Scholars filed. (Distributed)
12/16/2022	Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed)
12/20/2022	Record received from the U.S.C.A. 6th Circuit. The record has been transmitted electronically.
12/22/2022	Reply of petitioners The Ohio Adjutant General's Department, et al. filed. (Distributed)
12/23/2022	Motion for divided argument filed by American Federation of Government Employees, Local 3970 GRANTED.
01/09/2023	Argued. For petitioners: Benjamin M. Flowers, Solicitor General, Columbus, Ohio. For federal respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For union respondent: Andres M. Grajales, Washington, D. C.
05/18/2023	Adjudged to be AFFIRMED. Thomas, J. delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1454_6kgm.pdf'>opinion</a> of the Court, in which Roberts, C. J, and Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined.
06/20/2023	Judgment issued.