United States Department of Energy v. Federal Labor Relations Authority

EBEL, Circuit Judge.

This is an appeal from a determination by the Federal Labor Relations Authority (the “FLRA”). Petitioner, Western Area Power Administration (“WAPA”), seeks to have us set aside the FLRA’s decision that WAPA committed unfair labor practices by refusing to bargain over wages with certain supervisors within a bargaining unit recognized by the FLRA. Because we find that the FLRA improperly included the supervisors in the bargaining unit, we reverse.

I. BACKGROUND

The pertinent facts underlying this appeal are not in dispute. On October 1, 1977, certain employees who were…