Patent Office Professional Ass'n v. Federal Labor Relations Authority

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case arises from a dispute between the Patent and Trademark Office, Department of Commerce (“PTO” or “Agency”), and the Patent Office Professional Association (“POPA” or “Union”) over the negotiability of proposed contract provisions covering employee performance appraisals. At issue here is a decision by the Federal Labor Relations Authority (“Authority”) under the Federal Service Labor-Management Relations Statute, 5 U.S.C. §§ 7101-35 (1988) (“FSLMRS” or “Statute”), upholding the jurisdiction of an…