Federal Court Lacks Jurisdiction Over Federal Employee?s Employment Claims Subject to Union Negotiated Grievance Process

The employees in this case worked for the Federal Aviation Administration. ?They were represented by a union. ?Government regulations permit non- discriminatory?? ?drug?? ?testing?? ?of?? ?air?? ?traffic controllers.???? ?The?? plaintiff?? claimed?? he?? was singled out for unfair repeated testing and filed a charge with the Federal Labor Relations Authority (FLRA).?? The FLRA dismissed and told the employee to file a union grievance, which he failed to do.?? Instead, the employee sued in federal district court alleging violations of his federal constitutional and statutory rights. The district court dismissed for lack of jurisdiction and the Ninth Circuit affirmed. ?The court held that the FAA?s own equivalent to the Civil Service Reform Act precluded a suit on these claims in federal court because they were subject to a negotiated union grievance and did not fall into the exception for discrimination actions.? ?The decision creates a split in the circuits.?? ?The? Federal? and? Eleventh? Circuits have held that 1994 amendments to the Civil Service? Reform? Act ?eliminated ?the ?bar ?on federal court actions in these circumstances. Whitman v. Dept. of Transp., No. 03-35303 (08/30/04; Wardlaw, Hall, Kleinfeld).