Justia Aerospace/Defense Opinion Summaries

Plaintiffs, employed by the U.S. Customs and Border Protection, (CBP) as Supply Chain Security Specialists in its Customs-Trade Protection Against Terrorism program, travelled and worked at foreign posts designated by the Secretary of State as “danger pay posts.” They alleged that they did not receive overtime pay as required by the Fair Labor Standards Act, 29 U.S.C. 216(b). Count II, citing the Overseas Differentials and Allowances Act (ODAA) of 1960, 5 U.S.C. 5928, claimed that CBP denied them danger pay allowances for work performed at posts that the Department of State has designated as eligible for such allowances. The Claims Court dismissed Count II for lack of jurisdiction on grounds that ODAA is not a money-mandating statute, that the State Department regulation (DSSR) is not money-mandating, and that CBP has not adopted a policy of paying danger pay to all eligible employees. The Federal Circuit affirmed; section 5928, the DSSR, and the alleged unwritten policy of providing danger pay, cannot reasonably be construed as “money-mandating.” View "Acevedo v. United States" on Justia Law

Plaintiffs, Woodward employees, filed a qui tam action under the False Claims Act, alleging that Woodward falsely certified helicopter engine parts that it sold to the government. Plaintiffs had complained that the sensors at issue did not meet quality standards and had refused to work on the order. Following an investigation, a Defense Contract Management Agency Technical Specialist concluded that there was “nothing either incorrect or wrong with the procedures, assembly, or testing of the sensors.” The government continues to order, pay for, and use Woodward’s sensor The Seventh Circuit affirmed summary judgment in favor of Woodward, agreeing that even if Woodward made false statements to the government, no reasonable jury could find that it made the statements knowingly or that the statements were material. View "Marshall v. Woodward, Inc." on Justia Law

The National Federation of Federal Employees Local 1442 filed a group grievance on behalf of 138 NFFE bargaining unit employees at Letterkenny Army Depot (LEAD); Local 2109 filed two grievances on behalf of all of bargaining unit employees at Watervliet Arsenal (WVA). In both grievances, the Union challenged the furloughing of bargaining unit employees for six discontinuous days between July and September in Fiscal Year 2013. The furloughs were the result of an automatic process of federal agency spending reductions called “sequestration.” Arbitrator Kaplan ruled that the furloughs of the employees at LEAD were in accordance with law. Months later, Arbitrator Gross ruled that the furloughs of WVA security employees were not in accordance with law, but that the furloughs of non-security bargaining unit employees at WVA were in accordance with law. The Federal Circuit upheld both decisions. Arbitrators Kaplan and Gross had substantial evidence before them demonstrating that the furlough decisions were reasonable management solutions to the financial restrictions placed on DOD by the sequester, thus promoting the efficiency of the service. View "Nat'l Fed'n of Fed. Employees v. Dep't of the Army" on Justia Law

In a 2011 memorandum, the Secretary of the Navy explained that the Navy would be “challenged to reduce enlisted manning to meet future planned end strength controls due to record high retention in the current economic environment.” To address these concerns and to “optimize the quality” of the Navy, the Secretary initiated an Enlisted Retention Board (ERB) to identify 3,000 sailors for separation. The Navy notified all personnel, outlined a timeline, and identified particular pay grades and occupational classifications or specialties that would be subject to review. Sailors were informed that if their job rating was over-manned and slated for review, they could apply for conversion to an undermanned rating that would not be subject to review. The Navy also published the quotas for each overmanned rating that would be subject to the ERB to give the sailors information about competition among the different ratings and to enable them to make informed decisions about their careers. The ERB selected 2,946 sailors for honorable discharge. A putative class of about 300 of those discharged challenged their dismissal and sought back pay. The Court of Federal Claims dismissed the merit-based claims as nonjusticiable and denied remaining claims on the administrative record. The Federal Circuit affirmed. View "Anderson v. United States" on Justia Law

Based on misconduct that he allegedly committed in his previous positions as a police officer and deputy sheriff, the Transportation Security Administration suspended and ultimately revoked Gargiulo’s security clearance, which was necessary for his job as a Federal Air Marshall. The Merit Systems Protection Board affirmed. On appeal, Gargiulo argued that the agency deprived him of constitutional due process by not timely providing him with documentary materials relied upon in deciding to suspend his security clearance. Although he was given notice of the reasons for the suspension of his security clearance as early as August 2008, he was not provided with copies of the documentary materials until May 2009, three months after he was suspended from his job. The Federal Circuit affirmed, stating that security clearance decisions do not implicate any due process rights. View "Gargiulo v. Dep't of Homeland Sec." on Justia Law

In 2006, plaintiff, employed as an auditor at the Department of Defense was removed from his position for failing to maintain his Secret level security clearance. His loss of security clearance was based on his wife's status as a diplomat for Honduras. The Merit Systems Protection Board affirmed. The Federal Circuit affirmed. The DoD complied with its internal procedures in revoking plaintiff's security clearance and the decision was supported by substantial evidence. View "Romero v. Dep't of Def." on Justia Law