This morning the Federal Circuit released a nonprecedential opinion dismissing an appeal for lack of jurisdiction. Notably, Judge Reyna filed an opinion with additional views expressing “disbelief” concerning the statutory scheme surrounding appeals of arbitration decisions in federal employee grievances. The Federal Circuit also released a nonprecedential order dismissing a veterans case appealed from the Court of Appeals for Veterans Claims. Here is the introduction to the opinions and text from the order.
AFGE Local 3438 v. Social Security Administration (Nonprecedential)
AFGE Local 3438 (“AFGE”) appeals from an arbitration decision denying its request for attorney fees. AFGE Local 3438 v. Soc. Sec. Admin., No. 200417-05577 (Mar. 18, 2021) (Davidson, Arb.) (decision available at J.A. 30–32) (“Arbitration Decision”). Because AFGE does not have standing to appeal that denial, we dismiss this appeal for lack of jurisdiction.
REYNA, Circuit Judge, additional views.
I write separately to express my belief that the statutory scheme surrounding appeals of arbitration decisions in federal employee grievances leads to the absurd result that while only a union may invoke binding arbitration, the same union lacks standing to appeal the result of that arbitration.
Johnson v. McDonough (Nonprecedential Order)
The appellant having failed to pay the docketing fee required by Federal Circuit Rule 52(a)(1) within the time permitted by the rules, it is
ORDERED that the notice of appeal be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules.