Whitman v. Department of Transportation
Whitman sued the Federal Aviation Administration (FAA), which is part of the United Stated Department of Transportation (DOT), for disproportionately testing him for substance abuse. While the FAA mandates random drug tests for people with Whitman’s job responsibilities, Whitman believed he was being selected for testing three times more frequently than other employees. Whitman filed a complaint in district court alleging misapplication of the random drug testing procedures in violation of his constitutional rights. The district court denied Whitman’s claim, saying that it lacked jurisdiction because Whitman’s complaint was governed by the Civil Service Reform Act (CSRA). The CSRA requires grievances to be resolved according to the collective bargaining agreement between the FAA and the National Association of Government Employees. The Ninth Circuit Court of Appeals affirmed the district court’s lack of jurisdiction, stating that despite some word changes by Congress to the CSRA, it still requires FAA employees to follow the grievance procedures in the collective bargaining agreement for federal employees.
Question Presented:
(1) Whether 5 U.S.C. sec. 7121(a)'s provision that the negotiated grievance procedures of a federal collective bargaining agreement be "the exclusive
administrative procedures" to resolve grievances precludes an employee from seeking direct judicial redress when he would otherwise have an independent basis for judicial review of his
claims?
(2) Whether the Civil Service Reform Act, 5 U.S.C. 7101 et. seq., precludes federal courts from granting equitable relief for constitutional claims brought by federal employees against their
employer?
