NAT. FEDERATION, ETC. v. COMMANDANT, DEFENSE, ETC., C-79-2952 WHO.
Citation | 493 F. Supp. 675 |
Decision Date | 21 April 1980 |
Docket Number | No. C-79-2952 WHO.,C-79-2952 WHO. |
Parties | NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1263, Plaintiff, v. COMMANDANT, DEFENSE LANGUAGE INSTITUTE, WEST COAST BRANCH, an Agency of the United States Government, and Secretary of the United States Army, Defendants, and Federal Labor Relations Authority, Intervenor. |
Court | United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California |
Saul M. Weingarten, Seaside, Cal., for plaintiff.
Alice Daniel, Asst. Atty. Gen., Paul Blankstein, Asst. Br. Dir., Mark Chavez, Atty., U. S. Dept. of Justice, Washington, D. C., G. William Hunter, U. S. Atty., George Christopher Stoll, Asst. U. S. Atty., San Francisco, Cal., on brief, for defendants.
Robert J. Freehling, Sol., Federal Labor Relations Authority, Washington, D. C., Thomas Angelo, Regional Atty., Region 9, Federal Labor Relations Authority, San Francisco, Cal., for intervenor.
This case raises, for the first time in this Circuit, the question whether under the Federal Labor-Management Relations Statute, Title VII of the Civil Service Reform Act of 1978, 5 U.S.C. § 7101 et seq. ("the Act"),1 a private party, namely the National Federation of Federal Employees, Local 1263 ("the Union"), can invoke the limited jurisdiction of a federal district court to provide injunctive relief in a labor dispute with a federal agency, namely the Defense Language Institute ("the Institute"), a division of the United States Army. The Act, which is carefully drafted to follow the statutory scheme of the National Labor Relations Act2 ("NLRA"), expressly provides that the district court may grant injunctive relief only upon petition of the Federal Labor Relations Authority ("FLRA") when that agency has met a probable cause requirement after issuing an unfair labor practice complaint. Accordingly, the Court answers the question in the negative and dismisses the case.
The Union brought this suit against the Commandant of the Institute and the Secretary of the Army, seeking injunctive relief to require defendants to bargain over the impact of a proposed reduction in force. The Union alleged that defendants' refusal to bargain constitutes an unfair and illegal labor practice in violation of the Act and the parties' Negotiated Agreement of May 15, 1978. The FLRA intervened as a defendant.
Defendants and intervenor FLRA have moved to dismiss this action pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure on the ground that the Court lacks subject matter jurisdiction over this controversy. Their motion is premised first on the theory that the Act vests exclusive jurisdiction in the FLRA to consider in the first instance all unfair labor practice charges directed at federal agencies, with judicial review in the circuit courts of appeals.3 They further argue that the Act gives the FLRA the sole right to apply to federal district courts for injunctive relief to restrain unfair labor practices by federal agencies.4
On August 1, 1979, the Union received oral notification of an intended reduction in force ("RIF") of faculty and staff at the Institute. On August 22, 1979, defendants issued letters to the affected employees, informing them that the RIF would be effective as of October 23, 1979. The Union received written notification of the RIF from the Acting Commandant of the Institute on September 10, 1979. On the latter date the Union made its written demand to defendants to bargain over the impact and implementation of the RIF, claiming that both the Act and the parties' Negotiated Agreement required such negotiations.5
On October 4, 1979, after an exchange of correspondence6 between the parties over the Union's demand, the Union filed with the Regional Director of the FLRA an unfair labor practices charge for injunctive relief.7 The Union's charge reiterated its allegations that defendants' failure to engage in impact bargaining violated certain sections of the Act, specifically 5 U.S.C. §§ 7116(a)(5)-(8) and 7106(b)(2) and (3). On November 23, 1979, the Regional Director notified the Union that he declined to issue an unfair labor practice complaint. The Regional Director had concluded that the Union had waived its right to demand impact bargaining because it had knowledge of the RIF as early as August 2, 1979, but failed to make its demand until September 10, 1979. On December 7, 1979, the Union appealed the Regional Director's decision to the General Counsel of the FLRA.8
Before the FLRA Regional Director had acted on the Union's charge, on October 19, 1979, the Union filed the instant suit seeking both temporary and permanent injunctive relief. The Union alleged that the defendants' refusal to engage in impact bargaining violated both the Act and the parties' Negotiated Agreement. Its motions for a temporary restraining order and for preliminary injunction were denied, and the case is now before the Court on the motions of the defendants and the FLRA to dismiss the suit on the ground that the Court lacks subject matter jurisdiction.
The basic question is whether Congress intended that Title VII of the Act would provide the exclusive procedures by which the Union can seek relief for the defendants' alleged refusal to engage in impact bargaining. If the statutory procedures are designed to permit agency expertise to be applied to particular problems, and if district court jurisdiction would decrease the effectiveness of the statutory design, then such statutory procedures should be considered exclusive. Whitney National Bank v. Bank of New Orleans & Trust Co., 379 U.S. 411, 420-21, 85 S.Ct. 551, 557-58, 13 L.Ed.2d 386 (1965); Myers v. Bethlehem Shipbuilding Corp., 303 U.S. 41, 58 S.Ct. 459, 82 L.Ed. 638 (1938). Congress need not expressly label the statutory procedures as exclusive. Whitney National Bank, supra, 379 U.S. at 422, 85 S.Ct. at 558.
The single purpose of Title VII of the Act is to "prescribe certain rights and obligations of the employees of the Federal Government and to establish procedures which are designed to meet the special requirements and needs of the Government." 5 U.S.C. § 7101. To accomplish this purpose, Congress created the FLRA,9 mandating that the FLRA "shall provide leadership in establishing policies and guidance * * and, except as otherwise provided, shall be responsible for carrying out the purpose of this chapter." 5 U.S.C. §§ 7104, 7105(a)(1).
Section 7105, prescribing the FLRA's broad powers and duties,10 makes clear the FLRA's responsibility to resolve issues relating to the duty to bargain in good faith and to investigate and resolve complaints of unfair labor practices. 5 U.S.C. § 7105(a)(2)(E), (G). Section 7118 of the Act details the procedure the FLRA General Counsel must follow upon receiving a charge of any unfair labor practice.11 5 U.S.C. § 7118. Such practices are extensively enumerated in § 7116 and include refusals to bargain under § 7116(a)(5). 5 U.S.C. § 7116. Furthermore, under § 7117 the FLRA has authority to consider matters concerning the duty to bargain in good faith. 5 U.S.C. § 7117.
In addition to the wide range of functions which Congress has entrusted to the FLRA, the structure of the statutory scheme itself indicates that Congress intended no independent federal court jurisdiction over such matters. The Act explicitly empowers the federal courts to act in three instances. First, it makes judicial review of final orders of the FLRA available only in the appropriate federal circuit courts of appeals. 5 U.S.C. § 7123(a). Second, it provides that the FLRA may petition a circuit court of appeals for enforcement of its orders and for appropriate temporary relief or restraining order. 5 U.S.C. § 7123(b). Third, pursuant to § 7123(d), the FLRA, upon issuing an unfair labor practice complaint, may petition a federal district court for temporary injunctive relief. 5 U.S.C. § 7123(d).
The statutory scheme thus reflects Congressional intention to create an agency to deal with "special requirements and needs of the Government"12 in the field of labor-management relations and to delegate to that agency a broad range of functions to carry out its task. The statutory scheme further indicates that Congress has provided an explicit, but closely circumscribed, role for the federal courts as outlined in § 7123. The Act read as a whole thus establishes without equivocation the Congressional intent that the statutory procedures be deemed exclusive. Whitney National Bank, supra, 379 U.S. at 420-22, 85 S.Ct. at 557-58. Judicial determination of rights under the Act would be contrary to the expressed desire of Congress to establish special procedures designed to meet special governmental needs, and to give the FLRA responsibility to carry out the purposes of the Act. 5 U.S.C. §§ 7101, 7105(a)(1). Furthermore, the Act also commands that its provisions "should be interpreted in a manner consistent with the requirement of an effective and efficient Government." 5 U.S.C. § 7101(b). In view of the comprehensive scope of the FLRA's duty and authority over labor-management relations in the federal government, it would be inconsistent for the district court to assume jurisdiction over subject matter entrusted to the expertise of the agency.
The legislative history also points to the conclusion that Congress did not intend federal district courts to exercise independent jurisdiction with respect to Title VII of the Act. First, Congress considered allowing any party to a collective bargaining agreement the right to seek a district court order requiring the other party to proceed to arbitration, rather than referring the matter to the FLRA. However, Congress rejected this proposal and thus eliminated a means to invoke district court jurisdiction. Congress chose instead to have the FLRA initially consider all such questions. H.R. Rep.No. 1717, 95th Cong., 2d Sess. 157, reprinted in 1978 U.S.Code Cong. & Admin. News, pp. 2723, 2860, 2891. This action...
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