Terry L. Whitman v. Department of Transportation et al. (547 U.S. 512)
U.S. Supreme Court · decided June 5, 2006 · Supreme Court Database (Spaeth)
- Citation
- 547 U.S. 512 · 126 S. Ct. 2014
- Decided
- June 5, 2006
- Term
- October Term 2005
- Vote
- 8–0
- Issue area
- Judicial Power
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Per Curiam. Terry Whitman, the petitioner, is an employee of the Federal Aviation Administration (FAA) and is subject to the agency’s drug and alcohol testing program. Without first seeking to pursue grievance procedures under his collective-bargaining agreement, he filed suit in the United States District Court for the District of Alaska, alleging the FAA tested him in a nonrandom manner, in violation of his constitutional rights and 49 U. S. C. § 45104(8). The FAA has its own procedural framework for the resolution of claims by its employees; and for this purpose it adopts certain sections of the Civil Service Reform Act of 1978 (CSRA), including Chapter 71 of Title 5, which sets forth the rules for grievances. 49 U. S. C. § 40122(g)(2)(C). The District Court held that, under the provisions of the CSRA, it was without jurisdiction to consider the petitioner’s claims. The Court of Appeals for the Ninth Circuit affirmed, stating that because “5 U. S. C. § 7121(a)(1), as amended in 1994, does not expressly confer federal court jurisdiction over employment-related claims covered by the negotiated grievance procedures of federal employees’ collective bargaining agreements,” his claims are precluded. 382 F. 3d 938, 939 (2004). This Court granted certiorari to review the judgment. 545 U. S. 1138 (2005). The Court of Appeals was correct to say that 5 U. S. C. § 7121(a)(1) does not…
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