Department of Defense v. FLRA, 510 U.S. 487, 18 (1994)

Page:   Index   Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

504

DEPARTMENT OF DEFENSE v. FLRA

Ginsburg, J., concurring in judgment

V

For the foregoing reasons, the judgment of the Court of Appeals is reversed.

So ordered.

Justice Souter, concurring.

I join the Court's opinion with the understanding that it does not ultimately resolve the relationship between the Federal Service Labor-Management Relations Statute (Labor Statute) and all of the Privacy Act of 1974 exceptions potentially available to respondents, and that any more general language in the opinion is limited, as the Court notes, to the relationship between the Labor Statute and the Freedom of Information Act exception to the Privacy Act at issue here. See ante, at 494, n. 5.

Justice Ginsburg, concurring in the judgment.

Before this Court's decision in Department of Justice v. Reporters Comm. for Freedom of Press, 489 U. S. 749 (1989), every court to consider the issue presented in this case reached a conclusion opposing the one the Court announces today: The courts uniformly enforced, against Privacy Act challenges, Federal Labor Relations Authority (Authority) orders directing agencies to disclose the names and addresses of bargaining unit employees to the employees' exclusive bargaining representative.1 In these judgments, the Courts of Appeals deferred to the Authority's expert de-1 See Department of Navy v. FLRA, 840 F. 2d 1131 (CA3), cert. dism'd, 488 U. S. 881 (1988); Department of Air Force, Scott Air Force Base v. FLRA, 838 F. 2d 229 (CA7), cert. dism'd, 488 U. S. 880 (1988); Department of Agriculture v. FLRA, 836 F. 2d 1139 (CA8 1988), vacated and remanded, 488 U. S. 1025 (1989); Department of Health and Human Services v. FLRA, 833 F. 2d 1129 (CA4 1987), cert. dism'd, 488 U. S. 880 (1988). See also American Federation of Govt. Employees, Local 1760 v. FLRA, 786 F. 2d 554 (CA2 1986) (requiring FLRA to order disclosure).

Page:   Index   Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: October 4, 2007