Karahalios v. Nat'l Fed'n of Fed. Employees, Local 1263, 489 U.S. 527 (1989). · Go Syfert
Karahalios v. Nat'l Fed'n of Fed. Employees, Local 1263, 489 U.S. 527 (1989). Cases Citing This Book View Copy Cite
981 citation events (433 in the last 25 years) across 57 distinct courts.
Strongest positive: Lucas v. American Federation of Government Employees (dcd, 2023-03-29)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) Lucas v. American Federation of Government Employees (3×) also: Cited "see"
D.D.C. · 2023 · quote attribution · 1 verbatim quote · confidence high
under 7118, unfair labor practice complaints are adjudicated by the flra, which is authorized to order remedial action appropriate to carry out the purposes of title vii
discussed Cited as authority (verbatim quote) Center for Biological Diversity v. EPA
D.C. Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
it is ... an elemental canon of statutory construction that where a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies.
discussed Cited as authority (verbatim quote) Pennella Doyle v. The Department of Veteran Affairs
N.D.W. Va. · 2021 · quote attribution · 1 verbatim quote · confidence high
either the language nor the structure of the act shows any congressional intent to provide a private cause of action to enforce federal employees unions' duty of fair representation.
discussed Cited as authority (verbatim quote) Pennella Doyle v. The Department of Veteran Affairs
D. Maryland · 2021 · quote attribution · 1 verbatim quote · confidence high
either the language nor the structure of the act shows any congressional intent to provide a private cause of action to enforce federal employees unions' duty of fair representation.
discussed Cited as authority (verbatim quote) FTC v. Credit Bureau Center, LLC
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
it is ... an elemental canon of statutory construction that where a statute expressly pro- vides a remedy, courts must be especially reluctant to pro- vide additional remedies.
discussed Cited as authority (verbatim quote) FTC v. Credit Bureau Center, LLC
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
it is ... an elemental canon of statutory construction that where a statute expressly pro- vides a remedy, courts must be especially reluctant to pro- vide additional remedies.
discussed Cited as authority (verbatim quote) FTC v. Credit Bureau Center, LLC
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
it is ... an elemental canon of statutory construction that where a statute expressly pro- vides a remedy, courts must be especially reluctant to pro- vide additional remedies.
discussed Cited as authority (verbatim quote) Doe v. PA Bd Probation
3rd Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
t is . . . 'an elemental canon' of statutory construction that where a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies.
discussed Cited as authority (verbatim quote) Abbott v. USA, Local 4 (2×) also: Cited as authority (rule)
1st Cir. · 1998 · quote attribution · 1 verbatim quote · confidence high
either the language nor the structure of the shows any congressional intent to provide a private cause of action to enforce federal employees unions' duty of fair representation.
examined Cited as authority (verbatim quote) O'Connell v. Hove, Jr. (2×) also: Cited "see, e.g."
2d Cir. · 1994 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
ederal employment does not rest on contract in the private sector sense; nor is it clear that the deprivation a federal employee suffers from the election of a bargaining agent - if there is such a deprivation - is comparable to the private sector predicament.
examined Cited as authority (verbatim quote) Sterling Suffolk v. Burrillville Racing (2×) also: Cited "see, e.g."
1st Cir. · 1993 · quote attribution · 1 verbatim quote · confidence high
unless . . . congressional intent can be inferred from the language of the statute, the statutory structure, or some other source, the essential predicate for implication of a private remedy simply does not exist.
examined Cited as authority (verbatim quote) Sterling Suffolk v. Burrillville Racing (2×) also: Cited "see, e.g."
1st Cir. · 1993 · quote attribution · 1 verbatim quote · confidence high
unless . . . _______________ congressional intent can be inferred from the language of the statute, the statutory structure, or some other source, the essential predicate for implication of a private remedy simply does not exist.
examined Cited as authority (quoted) Wigod v. Wells Fargo Bank, N.A. (6×)
7th Cir. · 2012 · signal: see · quote attribution · 6 verbatim quotes · confidence high
it is also an 'elemental canon' of statutory construction that where a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies .
examined Cited as authority (quoted) Baird v. HOLWAY (3×)
D.D.C. · 2008 · quote attribution · 3 verbatim quotes · confidence low
to be sure, courts play a role in ... fair representation cases, but only sitting in review of the flra.
examined Cited as authority (quoted) Doe v. Pennsylvania Bd. of Probation and Parole (6×)
3rd Cir. · 2008 · quote attribution · 6 verbatim quotes · confidence low
t is . . . an elemental canon' of statutory construction that where a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies.
examined Cited as authority (quoted) Jackson v. Birmingham Board of Education (3×)
11th Cir. · 2002 · quote attribution · 3 verbatim quotes · confidence low
t is ... 'an elemental canon' of statutory construction that where a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies.
examined Cited as authority (quoted) Roderick Jackson v. Birmingham Bd. of Ed. (3×)
11th Cir. · 2002 · quote attribution · 3 verbatim quotes · confidence low
t is ... an elemental canon' of statutory construction that where a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies.
examined Cited as authority (quoted) cafc 2002 (3×)
Fed. Cir. · 2002 · quote attribution · 3 verbatim quotes · confidence low
ederal employment does not rest on contract in the private sector sense.
examined Cited as authority (quoted) O'Connor v. United States (3×)
Fed. Cir. · 2002 · quote attribution · 3 verbatim quotes · confidence low
ederal employment does not rest on contract in the private sector sense.
examined Cited as authority (quoted) Kate Frazier v. Fairhaven School Committee (3×)
1st Cir. · 2002 · quote attribution · 3 verbatim quotes · confidence low
unless ... congressional intent can be inferred from the language of the statute, the statutory structure, or some other source, the essential predicate for implication of a private remedy simply does not exist.
examined Cited as authority (quoted) Samuel M. Rizzitelli v. Federal Labor Relations Authority (3×)
2d Cir. · 2000 · quote attribution · 3 verbatim quotes · confidence low
makes it clear that a breach of the duty of fair representation is an unfair labor practice ....
examined Cited as authority (quoted) Abbott v. United States (4×) also: Cited as authority (rule)
1st Cir. · 1998 · quote attribution · 3 verbatim quotes · confidence low
shows any congressional intent to provide a private cause of action to enforce federal employees unions' duty of fair representation.
examined Cited as authority (quoted) Gregory C. Mallett v. Wisconsin Division of Vocational Rehabilitation and Judy R. Norman-Nunnery (3×)
7th Cir. · 1997 · quote attribution · 3 verbatim quotes · confidence low
the 'ultimate issue is whether congress intended to create a private cause of action.
examined Cited as authority (quoted) Stabile v. Southern Connecticut Hospital Systems, No. 326120 (Oct. 31, 1996) (3×)
Conn. Super. Ct. · 1996 · quote attribution · 3 verbatim quotes · confidence low
such a claim poses an issue of statutory construction: the ultimate issue is whether congress intended to create a private cause of action. . . .
examined Cited as authority (quoted) Sterling Suffolk Racecourse Limited Partnership v. Burrillville Racing Association, Inc. (5×) also: Cited "see, e.g."
1st Cir. · 1993 · quote attribution · 3 verbatim quotes · confidence low
unless ... congressional intent can be inferred from the language of the statute, the statutory structure, or some other source, the essential predicate for implication of a private remedy simply does not exist.
examined Cited as authority (quoted) Carter v. Gibbs (4×) also: Cited as authority (rule)
Fed. Cir. · 1990 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the collective-bargaining mechanisms created by title vii do not deprive employees of recourse to any of the remedies otherwise provided by statute or regulation
examined Cited as authority (quoted) Carter v. Gibbs (4×) also: Cited as authority (rule)
Fed. Cir. · 1989 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the collective-bargaining mechanisms created by title vii do not deprive employees of recourse to any of the remedies otherwise provided by statute or regulation
examined Cited as authority (quoted) Pedro Berrios v. Department of the Army (2×)
1st Cir. · 1989 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
neither the language nor the structure of the shows any congressional intent to provide a private cause of action to enforce federal employees unions' duty of fair representation
discussed Cited as authority (rule) Mares
S.D. Tex. · 2025 · confidence medium
Under Title VII, a breach of duty of fair representation is an “unfair labor practice.” 5 U.S.C. § 7116 ; Karahalios, 489 U.S. at 532 (finding that Title VII “provides that it is ‘an unfair labor practice for a labor organization … to otherwise fail or refuse to comply with any provision of this chapter.’”).
examined Cited as authority (rule) Nia Lucas v. American Federation of Government Employees (5×) also: Cited "see", Cited "see, e.g."
D.C. Cir. · 2025 · confidence medium
Emps., Loc. 1263, 489 U.S. 527, 532 (1989).
discussed Cited as authority (rule) In Re American Federation of Government Employees and AFGE Local 1006 v. the State of Texas
Tex. App. · 2024 · confidence medium
Emps., Local 1263, 489 U.S. 527, 533 , 109 S. Ct. 1282, 1287 (1989), the Unions’ preemption argument involves choice-of-forum preemption, not merely choice-of-law 7 preemption, see Gorman, 811 S.W.2d at 545–46 (differentiating between choice-of-law and choice-of-forum preemption).
examined Cited as authority (rule) Rogers v. Kelley (4×) also: Cited "see"
D. Maryland · 2024 · confidence medium
Title VII requires any labor organization that retains the “exclusive right of representing employees in a designated unit” to represent the interests of all employee-members “without discrimination and without regard to labor organization membership.” Karahalios v. Nat 7 Fed’n of Fed Emps., 489 U.S. 527, 531 (1989) (citing § 7114(a)(1)).
discussed Cited as authority (rule) AR State Conference NAACP v. AR Board of Apportionment
8th Cir. · 2023 · confidence medium
Emps., Loc. 1263, 489 U.S. 527, 533 (1989) (describing the “elemental canon” that, “where a statute expressly provides a remedy,” courts should be “reluctant” to imply anything else (citation omitted)).
discussed Cited as authority (rule) Elijah Wells v. Creighton Preparatory School
8th Cir. · 2023 · confidence medium
Emps., Loc. 1263, 489 U.S. 527, 533 (1989) (describing the “elemental canon” that, “where a statute expressly provides a remedy,” a court should be “reluctant” to imply anything else (citation omitted)).
cited Cited as authority (rule) Lacey v. Department of Veterans Affairs
W.D. Tenn. · 2023 · confidence medium
Karahalios v. National Federation of Federal Employees, Local 1263, 489 U.S. 527, 531 (1989).
cited Cited as authority (rule) Fenner v. Mayor & City Council of Baltimore
D. Maryland · 2022 · confidence medium
Emps., Loc. 1263, 489 U.S. 527, 534 (1989).
discussed Cited as authority (rule) Orozco v. Wray (2×) also: Cited "see, e.g."
D.D.C. · 2021 · confidence medium
Emps., Loc. 1263, 489 U.S. 527, 533 (1989) (“It is also an 'elemental canon' of statutory construction that where a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies.”); Johnson v. Interstate Mgmt.
cited Cited as authority (rule) Smith v. Veterans Affairs Harbor Healthcare System
S.D.N.Y. · 2021 · confidence medium
Employees, Local 1263, 489 U.S. 527, 531 (1989) (quoting 5 U.S.C. § 7114 (a)(1)).
discussed Cited as authority (rule) Clark v. Perdue (2×) also: Cited "see"
D.D.C. · 2021 · confidence medium
Emps., Loc. 1263, 489 U.S. 527, 533 (1989) (“It is also an ‘elemental canon’ of statutory construction that where a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies.”); Johnson v. Interstate Mgmt.
discussed Cited as authority (rule) Southpointe Partners, LLC v. Louisville Metro Government
Ky. Ct. App. · 2021 · confidence medium
Likewise, under federal law, “where . . . ‘a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies.’” Sandoz Inc. v. Amgen Inc., 137 S. Ct. 1664, 1675 (2017) (quoting Karahalios v. Federal Employees, 489 U.S. 527, 533 (1989)).
examined Cited as authority (rule) Brookens v. Gamble (3×) also: Cited "see"
D.D.C. · 2020 · confidence medium
Emps., Local 1263, 489 U.S. 527, 531-32 (1989).
discussed Cited as authority (rule) Hudson, Jr. v. American Federation of Government Employees
D.D.C. · 2020 · confidence medium
And, 14 as the Supreme Court has stated, “[U]nfair labor practice complaints are adjudicated by the [Authority].” Karahalios v. NFFE, Local 1263, 489 U.S. 527, 532 (1989); cf. AFGE, Local 495 and Linda Moore, 22 F.L.R.A. 966 , 975 (July 31, 1986) (noting that Authority has exclusive jurisdiction over alleged charges that union had discriminated against member in violation of § 7116).
discussed Cited as authority (rule) Hawthorne v. U.S. Equal Employment Opportunity Commission (2×)
N.D. Ala. · 2020 · confidence medium
Employees, Local 1263, 489 U.S. 527, 532 (1989) (citing 5 U.S.C. § 7116 (b)(8)).
discussed Cited as authority (rule) Whitfield v. American Federation of Government Employees
E.D. Ark. · 2020 · confidence medium
In Karahalios v. National Federation of Federal Employees, Local 1263, the Supreme Court decided that “a breach of the duty of fair representation is an unfair labor practice,” and that Congress vested exclusive enforcement authority over this duty in the FLRA and its General Counsel. 489 U.S. 527, 532 (1989).
cited Cited as authority (rule) Earle v. United States Securities and Exchange Commission
D.D.C. · 2020 · confidence medium
Employees, Local 1263, 489 U.S. 527, 533 (1989)).
cited Cited as authority (rule) Sierra Club v. Donald Trump
9th Cir. · 2019 · confidence medium
Emps., Local 1263, 489 U.S. 527, 532 (1989) (citation and internal quotation marks omitted).
cited Cited as authority (rule) Sierra Club v. Donald Trump
9th Cir. · 2019 · confidence medium
Emps., Local 1263, 489 U.S. 527, 532 (1989) (citation and internal quotation marks omitted).
discussed Cited as authority (rule) NEW JERSEY OUTDOOR ALLIANCE VS. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEPARTMENT OF ENVIRONMENTAL PROTECTION)
N.J. Super. Ct. App. Div. · 2018 · confidence medium
Emp.'s, Local 1263, 489 U.S. 527, 532 (1989) (holding the "ultimate issue is whether Congress intended to create a private cause of action" (quoting California v. Sierra Club, 451 U.S. 287, 293 (1981))); Thompson v. Thompson, 484 U.S. 174, 179 (1988) ("In determining whether to infer a private cause of action from a federal statute, our focal point is Congress' intent in enacting the statute.").
cited Cited as authority (rule) Greenpeace, Inc. v. Department of Homeland Security
D.D.C. · 2018 · confidence medium
Emps., Local 1263, 489 U.S. 527, 533 (1989)); see also Nw.
cited Cited as authority (rule) Sandoz Inc. v. Amgen Inc.
SCOTUS · 2017 · confidence medium
Where, as here, “a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies.” Karahalios v. Federal Employees, 489 U. S. 527, 533 (1989).
Karahalios
v.
National Federation of Federal Employees, Local 1263
87-636.
Supreme Court of the United States.
Mar 6, 1989.
489 U.S. 527
Thomas R. Duffy argued the cause for petitioner. With him on the briefs were Glenn M. Taubman and Todd G. Brower., H. Stephen Gordon argued the cause fpr respondent. With him on the brief were David Silbennan and Laurence Gold., Richard G. Taranto argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Fried, Deputy Solicitor General Wallace, William E. Persina, and Arthur A. Horowitz.*
White.
Cited by 281 opinions  |  Published
14 passages pin-cited by 16 cases
Pinpoint authority: #3,564 of 633,719
Citer courts: First Circuit (11) · Federal Circuit (10) · Seventh Circuit (9) · Eleventh Circuit (6) · Third Circuit (6) · Second Circuit (3) · Connecticut Superior Court (3)
Justice White

delivered the opinion of the Court.

The question before the Court is whether Title VII of the Civil Service Reform Act of 1978 (CSRA or Act), 5 U. S. C. § 7101 et seq. (1982 ed. and Supp. IV), confers on federal employees a private cause of action against a breach by a union representing federal employees of its statutory duty of fair representation. Because we decide that Congress vested exclusive enforcement authority over this duty in the Federal Labor Relations Authority (FLRA) and its General Counsel, we agree with the Court of Appeals that no private cause of action exists. Hence we affirm.

Petitioner, Efthimios Karahalios, is a Greek language instructor for the Defense Language Institute/Foreign Language Center, Presidio of Monterey, California (Institute). Karahalios was not a union member but was within a bargaining unit of professional employees for which respondent, the National Federation of Federal Employees, Local 1263 (Union), was the exclusive bargaining agent. In 1976, the Institute reopened its “course developer” position, for which opening Karahalios applied. Previously, the position had been occupied by one Simon Kuntelos, who had been demoted to instructor in 1971, when the Institute first abolished the course developer position. Because Kuntelos declined to seek the reopened job through the competitive application process, Karahalios won the position after scoring 81 on the required examination.

Kuntelos filed a grievance, asserting that the Institute’s job award to Karahalios infringed the collective-bargaining agreement, and that Kuntelos should have been assigned the[*530] position without a competitive application process. The Union agreed to arbitrate on behalf of Kuntelos (a Union board member), and successfully argued that the position be declared vacant for refilling. Because promotion selection procedures had altered, Kuntelos was permitted considerably more time on the examination. He scored 83, and in May 1978, the Institute reassigned the course developer opening to Kuntelos and demoted Karahalios to instructor-ship status.

The Institute denied Karahalios’ direct protest against the substitution; likewise, the Union refused to prosecute his grievances because of a perceived conflict of interest with its previous Kuntelos advocacy. Karahalios filed unfair labor practice charges with the FLRA challenging both adverse decisions: He alleged, first, that the Institute violated its collective-bargaining agreement; and, second, that the Union breached its duty of fair representation. The General Counsel of the FLRA upheld Karahalios’ second charge, and ordered that a complaint be issued against the Union. The Union and the FLRA’s Regional Director, however, entered into a settlement whereby the Union posted notice guaranteeing representation to all employees seeking a single position. The General Counsel rejected Karahalios’ contention on appeal that the settlement provided him no relief.

Karahalios then filed a damages suit in the District Court, restating his charges against the Institute and the Union. The District Court, in its first of three published orders, dismissed on jurisdictional grounds Karahalios’ claim against the Institute, but declared judicially cognizable his unfair labor practice charge against the Union. Specifically, the District Court held that 28 U. S. C. § 1331 supports jurisdiction because the CSRA’s grant of exclusive union representation impliedly supplies to federal employees a private right of action to safeguard their right to fair representation. After trial, the District Court ruled that the Union’s actions — notably its decisions to arbitrate for Kuntelos without consulting,[*531] or even notifying, Karahalios, and, subsequently, to refuse to represent Karahalios — breached its duty of fair representation owed to him. The court confined damages to attorney’s fees, however, explaining that both applicants were too similarly matched to allow judicial distinction.

The Court of Appeals reversed, stating that the CSRA’s statutory scheme, which creates both an express duty of fair representation and a remedy in the FLRA for infringement of this duty, precludes implication of a parallel right to sue in federal courts. We granted Karahalios’ petition for certio-rari. 486 U. S. 1041 (1988).

Prior to 1978, labor relations in the federal sector were governed by a 1962 Executive Order administered by a Federal Labor Relations Council whose decisions were not subject to judicial review. Bureau of Alcohol, Tobacco & Firearms v. FLRA, 464 U. S. 89, 91-92 (1983). Since 1978, Title VII of the CSRA has been the controlling authority. Of particular relevance here, 5 U. S. C. § 7114(a)(1) provides that a labor organization that has been accorded the exclusive right of representing employees in a designated unit “is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.” [1] This provision is “virtually identical” to that found in the Executive Order and is the source of the collective-bargaining agent’s duty of fair representation. See National Federation of Federal Employees, Local 1453, 23 F. L. R. A. 686, 690 (1986). [2] This duty also[*532] parallels the fair representation obligation of a union in the private sector that has been found implicit in the National Labor Relations Act (NLRA), 49 Stat. 449, as amended, 29 U. S. C. § 151 et seq. (1982 ed. and Supp. IV), and the Railway Labor Act (RLA), 44 Stat. 577, as amended, 45 U. S. C. § 151 et seq. See Vaca v. Sipes, 386 U. S. 171, 180-183 (1967); Steele v. Louisville & Nashville R. Co., 323 U. S. 192, 205-207 (1944).

Title VII also makes it clear that a breach of the duty of fair representation is an unfair labor practice, for it provides that it is “an unfair labor practice for a labor organization . . . to otherwise fail or refuse to comply with any provision of this chapter.” §7116(b)(8). Under §7118, unfair labor practice complaints are adjudicated by the FLRA, which is authorized to order remedial action appropriate to carry out the purposes of Title VII, including an award of backpay against either the agency or the labor organization that has committed the unfair practice.

There is no express suggestion in Title VII that Congress intended to furnish a parallel remedy in a federal district court to enforce the duty of fair representation. The Title provides recourse to the courts in only three instances: with specified exceptions, persons aggrieved by a final FLRA order may seek review in the appropriate court of appeals, § 7123(a); the FLRA may seek judicial enforcement of its orders, § 7123(b); and temporary injunctive relief is available to the FLRA to assist it in the discharge of its duties, § 7123(d).

Petitioner nevertheless insists that a cause of action to enforce the Union’s fair representation duty should be implied. Such a claim poses an issue of statutory construction: The “ultimate issue is whether Congress intended to create a private cause of action,” California v. Sierra Club, 451 U. S. 287, 293 (1981) (citations omitted); see also Touche Ross & Co. v. Redington, 442 U. S. 560, 569 (1979). Unless such “congressional intent can be inferred from the language of the statute,[*533] the statutory structure, or some other source, the essential predicate for implication of a private remedy simply does not exist.” Thompson v. Thompson, 484 U. S. 174 (1988). It is also an “elemental canon” of statutory construction that where a statute expressly provides a remedy, courts must be especially reluctant to provide additional remedies. Trans-america Mortgage Advisers, Inc. v. Lewis, 444 U. S. 11, 19 (1979). In such cases, “[i]n the absence of strong indicia of contrary congressional intent, we are compelled to conclude that Congress provided precisely the remedies it considered appropriate.” Middlesex County Sewerage Authority v. Sea Clammers, 453 U. S. 1, 15 (1981); see also Massachusetts Mutual Life Ins. Co. v. Russell, 473 U. S. 134, 147 (1985); Northwest Airlines, Inc. v. Transport Workers, 451 U. S. 77, 93 (1981).

These guideposts indicate that the Court of .Appeals was quite correct in concluding that neither the language nor the structure of the Act shows any congressional intent to provide a private cause of action to enforce federal employees unions’ duty of fair representation. That duty is expressly recognized in the Act, and an administrative remedy for its breach is expressly provided for before the FLRA, a body created by Congress to enforce the duties imposed on agencies and unions by Title VII, including the duty of fair representation. Nothing in the legislative history of Title VII has been called to our attention indicating that Congress contemplated direct judicial enforcement of the union’s duty. Indeed, the General Counsel of the FLRA was to have exclusive and final authority to issue unfair labor practice complaints, and only those matters mentioned in § 7123 were to be judicially reviewable. H. R. Rep. No. 95-1403, p. 52 (1978). All complaints of unfair labor practices were to be filed with the FLRA. S. Rep. No. 95-969, p. 107 (1978). Furthermore, Title VII contemplates the arbitration of unsettled grievances, but a House proposal that the duty to ar- bitrate could be enforced in federal court in the first instance[*534] was ultimately rejected. See H. R. Conf. Rep. No. 95-1717, p. 157 (1978). There exists no equivalent to § 301 of the Labor Management Relations Act, 1947 (LMRA), 61 Stat. 156, 29 U. S. C. § 185, which permits judicial enforcement of private collective-bargaining contracts.

Petitioner, however, relies on another source to find the necessary congressional intent to provide him with a cause of action. Petitioner urges that Title VII was modeled after the NLRA and that the authority of the FLRA was meant to be similar to that of the National Labor Relations Board (NLRB). Because this Court found implicit in the NLRA a private cause of action against unions to enforce their fair representation duty even after the NLRB had construed the NLRA to make a breach of the duty an unfair labor practice, petitioner argues that Congress must have intended to preserve this judicial role under Title VII. Much of the argument rests on our decision in Vaca v. Sipes, supra. There are, however, several difficulties with this argument.

In the first place, Title VII is not a carbon copy of the NLRA, nor is the authority of the FLRA the same as that of the NLRB. The NLRA, like the RLA, did not expressly make a breach of the duty of fair representation an unfair labor practice and did not expressly provide for the enforcement of such a duty by the NLRB. That duty was implied by the Court because members of bargaining units were forced to accept unions as their exclusive bargaining agents. Because employees had no administrative remedy for a breach of the duty, we recognized a judicial cause of action on behalf of the employee. This occurred both under the RLA, Steele v. Louisville & Nashville R. Co., supra; Trainmen v. Howard, 343 U. S. 768 (1952), and also under the LMRA, Syres v. Oil Workers, 350 U. S. 892 (1955); Vaca v. Sipes, supra. Very dissimilarly, Title VII of the CSRA not only expressly recognizes the fair representation duty but also provides for its administrative enforcement.

[*535] To be sure, prior to Vaca, the NLRB had construed §§7 and 8(b) of the NLRA to impose a duty of fair representation on union bargaining agents and to make its breach an unfair labor practice. See Miranda Fuel Co., 140 N. L. R. B. 181 (1962), enf. denied, NLRB v. Miranda Fuel Co., 326 F. 2d 172 (CA2 1963). The issue in Vaca, some years later, was whether, in light of Miranda Fuel Co., the courts still had jurisdiction to enforce the unions’ duty. As we understood our inquiry, it was whether Congress, in enacting § 8(b) in 1947, had intended to oust the courts of their role of enforcing the duty of fair representation implied under the NLRA. We held that the “tardy assumption” of jurisdiction by the NLRB was insufficient reason to abandon our prior cases, such as Syres.

In the case before us, there can be no mistaking Congress’ intent to create a duty previously without statutory basis, and no mistaking the authority of the FLRA to enforce that duty. Also, because the courts played no role in enforcing a union’s fair representation duty under Executive Order No. 11491 §10e, 3 CFR 861 (1966-1970 Comp.), and subsequent amended orders, under the pre-CSRA regulatory regime, there was not in this context any pre-existing judicial role that at least arguably Congress intended to preserve. [3]

Moreover, in Vaca and the earlier cases, it was stressed that by providing for exclusive bargaining agents, the pertinent statutes deprived bargaining unit employees of their individual rights to bargain for wages, hours, and working conditions. Hence it was critical that unions be required to represent all in good faith. Again, Title VII operates in a different context. As the United States as amicus explains, federal employment does not rest on contract in the private sector sense; nor is it clear that the deprivation a federal employee suffers from the election of a bargaining agent — if[*536] there is such a deprivation — is comparable to the private sector predicament. Moreover, the collective-bargaining mechanisms created by Title VII do not deprive employees of recourse to any of the remedies otherwise provided by statute or regulation. See the CSRA, 5 U. S. C. §§ 7114(a)(5) and 7121(e)(1).

We also note that Vaca rested in part on the fact that private collective-bargaining contracts were enforceable in the federal courts under LMRA §301. Because unfair representation claims most often involve a claim of breach by the employer and since employers are suable under § 301, the implied fair representation cause of action allows claims against an employer and a union to be adjudicated in one action. Section 301 has no equivalent under Title VII; there is no provision in that Title for suing an agency in federal court.

We therefore discern no basis for finding congressional intent to provide petitioner with a cause of action against the Union. Congress undoubtedly was aware from our cases such as Cort v. Ash, 422 U. S. 66 (1975), that the Court had departed from its prior standard for resolving a claim urging that an implied statutory cause of action should be recognized, and that such issues were being resolved by a straightforward inquiry into whether Congress intended to provide a private cause of action. Had Congress intended the courts to enforce a federal employees union’s duty of fair representation, we would expect to find some evidence of that intent in the statute or its legislative history. We find none. Just as in United States v. Fausto, 484 U. S. 439, 445 (1988), we held that the CSRA’s “integrated scheme of administrative and judicial review” foreclosed an implied right to Court of Claims review, we follow a similar course here. See also Bush v. Lucas, 462 U. S. 367, 388 (1983). To be sure, courts play a role in CSRA § 7116(b)(8) fair representation cases, but only sitting in review of the FLRA. To hold that the district courts must entertain such cases in the first instance would seriously undermine what we deem to be the congres[*537] sional scheme, namely to leave the enforcement of union and agency duties under the Act to the General Counsel and the FLRA and to confine the courts to the role given them under the Act.

Accordingly the judgment of the Court of Appeals is

Affirmed.

1

Section 7114(a)(1) reads, in full: “A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents, and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.”

2

The Executive Order precursor provision likewise was interpreted to impose on federal unions the duty of fair representation. See National Federation of Federal Employees, Local 1153, 23 F. L. R. A., at 690.

3

Because such orders were not legislative, courts generally refused judicial enforcement. See, e. g.. Kuhn v. National Association of Letter Carriers, Branch 5, 570 F. 2d 757, 760-761 (CA8 1978).