Legal Opinion

Department of Defense v. Federal Labor Relations Authority

Court of Appeals for the D.C. Circuit

Decided July 2, 1981No. Nos. 80-1119, 80-1351 and 80-1358PublishedCited by 8 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Senior District Judge VAN PELT concurs except as to Proposal III, as to which he would reverse.

J. SKELLY WRIGHT, Circuit Judge:

The Civil Service Reform Act of 19781 requires management officials of the federal agencies to bargain with employee representatives over conditions of employment.2 But the duty to engage in collective bargaining is not absolute.3 Section 7106 of the Reform Act enumerates certain reserved rights of management that cannot be lawful subjects of negotiation.4 It is permissible to bargain over the “procedures”…

2Cases cited32 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  3. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  4. Udall v. TallmanSupreme Court of the United States · 1965
  5. Hanna v. PlumerSupreme Court of the United States · 1965

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3Cited by8 opinions

  1. National Treasury Employees Union v. Federal Labor Relations AuthorityCourt of Appeals for the D.C. Circuit · 1982
  2. Atlantic Richfield Company v. United States Department of EnergyCourt of Appeals for the D.C. Circuit · 1985
  3. Department of Defense, Army-Air Force Exchange Service, and Army-Air Force Exchange Service, Dix-Mcguire Exchange, Fort Dix, New Jersey v. Federal Labor Relations Authority, American Federation of Government Employees, Afl-Cio, Intervenor. Department of Defense, Department of the Air Force, Air Force Logisticscommand, and Air Force Logistics Command, Wright-Patterson Air Force Base,ohio v. Federal Labor Relations Authority, American Federation of Government Employees, Afl-Cio, Intervenor. American Federation of Government Employees, Afl-Cio v. Federal Labor Relations Authority, Department of Defense, IntervenorsCourt of Appeals for the D.C. Circuit · 1981
  4. American Federation of Government Employees, Afl-Cio, Local 1968 v. Federal Labor Relations AuthorityCourt of Appeals for the D.C. Circuit · 1982
  5. Department of the Air Force v. Federal Labor Relations Authority, American Federation of Government Employees, Amicus Curiae on Behalf OfCourt of Appeals for the Sixth Circuit · 1985

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