Justices Doubtful About Ohio National Guard Dodging Tech Union

Several US Supreme Court justices showed skepticism toward Ohio’s argument that its National Guard has no duty to negotiate with a union representing dual-status technicians, a unique type of federal employee who works for state militias.

Justice Brett Kavanaugh and the high court’s three liberal justices during oral argument Monday seemed to clearly reject the Ohio National Guard’s bid to shed its bargaining obligations based on the contention that it doesn’t qualify as an agency under federal-sector labor law.

“Congress has spoken” with a law saying states’ National Guards will act on behalf of the Defense Department by negotiating with ...