Opinion of the Court
Notice: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
SUPREME COURT OF THE UNITED STATES
No. 21–1454
THE OHIO ADJUTANT GENERAL’S DEPARTMENT, ET AL., PETITIONERS v. FEDERAL LABOR RELATIONS AUTHORITY, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
[May 18, 2023]
Justice Thomas delivered the opinion of the Court.
This case requires us to determine whether the Federal Labor Relations Authority (FLRA) properly exercised jurisdiction over an unfair labor practices dispute. On one side were the Ohio National Guard, the Ohio Adjutant General, and the Ohio Adjutant General’s Department (collectively petitioners or the Guard). On the other was the American Federation of Government Employees, Local 3970, AFL–CIO (Union), which represents federal employees known as dual-status technicians who work in both civilian and military roles for the Guard.
The Union petitioned the FLRA to resolve the dispute. But, under the Federal Service Labor-Management Relations Statute (FSLMRS or Statute), the FLRA only has jurisdiction over labor organizations and federal “agencies”—and petitioners insist that they are neither. 5 U. S. C. §7101 et seq. We hold, however, that petitioners act as a federal “agency” when they hire and supervise dual-status technicians serving in their civilian role.
