U.S. Department of Health & Human Services v. Federal Labor Relations Authority

Unlike the majority, I see no reason to deny enforcement of the FLRA’s order requiring HHS to bargain over the Union's proposal. The FLRA’s order is consistent with the agency’s general duty to bargain in good faith over conditions of employment, and does not violate the management rights clause of the Civil Service Reform Act. While HHS now argues, and the majority finds, that Circular A-76 is not an “applicable law” under 5 U.S.C. § 7106(a)(2) in accordance with which the agency must make its contracting-out decisions, I think it is highly improper for us to consider the issue because it is…