American Federation of Government Emp., AFL-CIO v. Federal Labor Relations Authority, AFL-CI

• Court: United States Courts of Appeals. United States Court of Appeals (District of Columbia)
• Writing for the Court: Before ROBB and WALD; WALD
• Citation: 653 F.2d 669
• Parties: 107 L.R.R.M. (BNA) 2594, 209 U.S.App.D.C. 414 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,ouncil of Federal Grain Inspection Locals, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.
• Decision Date: 29 May 1981
• Docket Number: AFL-CI,No. 80-1969,C

Page 669

653 F.2d 669 107 L.R.R.M. (BNA) 2594, 209 U.S.App.D.C. 414 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
Council of Federal Grain Inspection Locals, Petitioner,
v.
FEDERAL LABOR RELATIONS AUTHORITY, Respondent. No. 80-1969. United States Court of Appeals,
District of Columbia Circuit. Argued May 8, 1981.
Decided May 29, 1981.

Kevin M. Grile, Washington, D. C., with whom James R. Rosa, Washington, D. C., was on the brief for petitioner.

William E. Persina, Atty., Federal Labor Relations Authority, Washington, D. C., with whom Elizabeth Medaglia, Associate Sol., Federal Labor Relations Authority, Washington, D. C., was on the brief for respondent.

Before ROBB and WALD, Circuit Judges and JAMESON ^*, United States Senior District Judge for the District of Montana.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Petitioner labor union is the certified bargaining agent for all non-supervisory employees of the Federal Grain Inspection Service of the United States Department of Agriculture (FGIS). The union seeks review of a decision by the Federal Labor Relations Authority (FLRA) that the FGIS has no duty to bargain over a union proposal that "(a)ll work in excess of 40 hours per week performed on a Sunday shall be paid at twice the basic rate of pay." ¹ We affirm.

The employees represented by petitioner are covered under Title VII of the Civil Service Reform Act of 1978 (CSRA), Pub.L. No. 95-454, 92 Stat. 1191. The statute requires the FGIS to engage in collective bargaining, 5 U.S.C. §§ 7102, 7116, which is defined as "the performance of the mutual obligation of the representative of an agency and the exclusive representative of employees ... to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting such employees ...." 5 U.S.C. § 7103(a)(12). The statutory term "conditions of employment" is defined, in pertinent part, as follows:

personnel policies, practices, and matters, whether established by rule, regulation, or otherwise, affecting working conditions, except that such term does not include policies, practices, and matters

(C) to the extent such matters are specifically provided for by Federal statute (.)

5 U.S.C. § 7103(a)(14) (emphasis supplied). The sole question in this case is whether the FLRA correctly determined that the FGIS has no duty to bargain over the union's proposal that all work in excess of 40 hours per week performed on Sunday be paid at twice the basic rate of pay, because it concerns a matter "specifically provided for by Federal statute." Id.

We have no doubt that the FLRA's...