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In a case that is the first of its kind, NTEU has asked the U.S. Court of Appeals for the Federal Circuit to enforce a victory in an arbitration that IRS refused to attend based on the Exclusions Executive Order.
The NTEU victory was over an indefinite suspension. The Federal Circuit has exclusive jurisdiction to review decisions on adverse actions—which include removals or suspensions of over fourteen days.
As arbitrators continue to hear cases and award NTEU victories where IRS and other agencies falling under the Exclusions Executive Order refuse to show up, NTEU will take every measure to enforce those wins. Where the victory is over an adverse action, NTEU’s path will be to the Federal Circuit.
We will keep you posted on this litigation. In the meantime, if you are in an agency impacted by the Exclusions Executive Order you can support your NTEU chapter by enrolling in NTEU Dues Direct.