In a petition for review of an FLRA order requiring the SEC to provide back pay for unilaterally ending within-grade pay increases, the petition is denied, where: 1) the FLRA's credibility determinations were supported by substantial evidence; and 2) back pay was appropriate because the within-grade increases were virtually automatic and non-competitive.
Argued May 5, 2009. Decided June 12, 2009.
Before GINSBURG, BROWN and KAVANAUGH, Circuit Judges.
Opinion for the Court filed by Circuit Judge BROWN.
Concurring opinion filed by Circuit Judge KAVANAUGH.
Samuel M. Forstein, Assistant General Counsel, Securities & Exchange Commission, argued the cause for petitioner. With him on the briefs were Andrew N. Vollmer, Acting General Counsel, and Rufus Beatty, Senior Special Counsel. Richard M. Humes, Associate General Counsel, entered an appearance.