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

OPINION

BRUNETTI, Circuit Judge.

Section 704 of the Civil Service Reform Act of 1978 provides that certain federal employees who negotiated over pay and pay practices “in accordance with prevailing rates and practices prior to August 19, 1972” could continue to negotiate over those matters “in accordance with prevailing rates and pay practices.” Civil Service Reform Act (CSRA) of 1978, Pub.L. No. 95-454, § 704, 92 stat. Ill, 1218 (1978) (set forth at 5 U.S.C. § 5343 note (2001)).

In this appeal, we consider whether Sunday premium pay1 was the subject of negotiation prior to August 19, 1972, and,…