Principal Officer Argument in Amended Complaint to Halt FSIP 

AFGE filed an amended complaint for injunctive relief, alleging the Federal Service Impasses Panel (FSIP) is unconstitutionally structured. The Appointments Clause requires that Principal Officers must be appointed by the President and confirmed by the Senate.

The FSIP members are Principal Officers appointed by the President but not confirmed by the Senate.

Judge Danette Mincey and I brought this Principal Officer argument to the attention of AFGE.

If successful, FSIP’s decision related to AFGE would be invalid, and FSIP could not take jurisdiction over our contract dispute, or any other contract at impasse, until all Panel members receive Senate confirmation.

You can read the Government Executive article here.

We appreciate and respect AFGE’s efforts which can assist all unions in the federal sector, and stand ready to assist them in any way.

“The Art of Judging”

28th Annual AALJ Education Conference October 21-24, 2019

The conference kicks off with an evening reception at the National Judicial College on October 21, 2019. Judges from all agencies are welcome to attend! For SSA ALJs, administrative leave is in the works. You can register on the website and read the agenda at or click here.

Melissa McIntosh