United States Department of the Interior v. Federal Labor Relations Authority

908 F.2d 570
Court of Appeals for the Tenth Circuit·Decided July 16, 1990·No. No. 87-2483·Published·Cited by 1 cases

Opinion

EBEL, Circuit Judge.

The United States Department of the Interior, Bureau of Reclamation, Rio Grande Project (“Reclamation”), petitions for review of a final order of the Federal Labor Relations Authority (“the FLRA”), and the FLRA cross-petitions for enforcement of its order. Jurisdiction in this court is based on 5 U.S.C. § 7123(a).

In its order, the FLRA held that a proposal made by the International Brotherhood of Electrical Workers, Local Union No. 611, AFL-CIO ("the IBEW Union”), for the continuation of Sunday premium pay for Reclamation’s non-supervisory, hourly operations and maintenance employees, was within Reclamation’s duty to bargain. Because we hold that the FLRA misinterpreted the relevant statutes in reaching that conclusion, we reverse and remand.

I. BACKGROUND

The procedural history and relevant facts underlying this appeal are not in dispute. The IBEW Union represents employees of Reclamation who are members of a bargaining unit, composed of non-supervisory, hourly operations and maintenance employees of the Elephant Butte Dam and Power Plant in New Mexico. These employees are “prevailing rate employees.”1

Beginning in 1960, the IBEW Union and Reclamation negotiated collective bargaining agreements relating to wage and pay practices. It is undisputed that Sunday premium pay was never a specific subject of bargaining between the IBEW Union and Reclamation. However, Reclamation did pay Sunday premium pay to the prevailing rate employees in the bargaining unit until 1984.

In 1984, the Union and Reclamation entered into negotiations for a new collective bargaining agreement. The IBEW Union proposed that Reclamation consider including the following clause concerning Sunday premium pay in the agreement:

Any employee whose regular work schedule includes an eight (8) hour period of service, a part or all of which is on Sunday, is entitled to additional pay at the rate of twenty-five percent (25%) of his/her hourly rate of basic pay for each hour of work performed during that eight (8) hour period of service.

Bureau of Reclamation, Rio Grande Project, 26 F.L.R.A. No. 105 at 906 (1987). Reclamation declined to negotiate the proposal, maintaining that it first had to be determined whether payment of Sunday premium pay was a prevailing practice among private sector construction employers. A wage survey was conducted, and it was determined that the payment of Sunday premium pay was not a prevailing practice in the area.2

Reclamation informed the IBEW Union that it would not conduct negotiations relating to the Sunday premium pay proposal. Reclamation took this position believing that two amendments to the Prevailing Rate Systems Act had prohibited negotiation of any wage or benefit subject with prevailing rate employees unless (1) it was a specific subject of negotiation in accord-[572] anee with prevailing practices prior to August 19, 1972, and (2) the subject of negotiation was determined by survey to be a “prevailing practice” in the relevant area.

In December 1985, the IBEW Union and Reclamation took the matter to the Federal Services Impasses Panel (“the FSIP”). On May 17, 1985, the FSIP declined jurisdiction, believing it had no authority to hear the dispute until the “negotiability” of the proposal was resolved.

In July 1985, Reclamation informed the Union that payment of Sunday premium pay would be discontinued as of August 1985. The Union filed a negotiability appeal with the FLRA, seeking a determination that Reclamation was obligated to negotiate the proposal for Sunday premium pay under the Federal Service Labor-Management Relations Statute, 5 U.S.C. §§ 7101-7135.

The FLRA, interpreting Section 9(b) of the Prevailing Rate Systems Act and Section 704(b) of the Civil Service Reform Act, held that the issue of Sunday premium pay embodied in the IBEW Union’s proposal was “negotiable” within the meaning of the Federal Service Labor-Management Statute. The FLRA held that Sunday premium pay had been negotiated prior to August 19, 1972 because “premium pay” generally had been a subject of negotiations prior to that date. The FLRA also ruled that Sunday premium pay did not need to be a “prevailing practice” in order for it to be negotiable. Accordingly, the FLRA concluded that the Union proposal was within Reclamation’s duty to bargain.3

II. DISCUSSION

A. Standard of Review

Our standard of review is governed by Section 706 of the Administrative Procedure Act, 5 U.S.C. § 706. See 5 U.S.C. § 7123(c). In reviewing the FLRA’s decision under Section 706 we are obligated to affirm unless we find the decision to be “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law” or “in excess of statutory jurisdiction, authority, or limitations, or short of statutory right.” 5 U.S.C. § 706(2)(A), (C).

Free access — add to your briefcase to read the full text and ask questions with AI

United States Department of the Interior v. Federal Labor Relations Authority, 908 F.2d 570 (10th Cir. 1990).

908 F.2d 570 (United States Department of the Interior v. Federal Labor Relations Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related