American Federation of Government Employees, Local 1931 v. Federal Labor Relations Authority

American Federation of Government Employees, Local 1931 (Union) seeks review of an adverse decision of the Federal Labor Relations Authority (FLRA). The Union represents employees at the Concord Naval Weapons Station (Station). After the Station refused to bargain on one of the Union’s collective bargaining proposals, the Union petitioned the FLRA for a determination of negotiability. The FLRA found the Union’s proposal nonnegotiable and dismissed the petition. The Union filed a petition in this court seeking review of the FLRA decision. We have jurisdiction under 5 U.S.C. § 7123 .

STATUTORY BACKGROUND

The Federal Labor-Management Relations Statute (Act), as amended, 5 U.S.C. §§ 7101-7135 (1982 and Supp. II 1984), requires that federal agencies and employee unions bargain in good faith to arrive at a collective bargaining agreement. 5 U.S.C. § 7114 (a)(4). However, a federal agency’s duty to bargain is limited by 5 U.S.C. § 7106 (a)(1), which provides that certain management decisions, including decisions relating to the internal security practices of the agency, are nonnegotiable. Section 7106(a) is in turn limited by section 7106(b), which provides that a union may bargain…