American Federation of Government Employees v. Federal Labor Relations Authority

We must decide whether a district office of the Social Security Administration (the “Agency”) committed an unfair labor practice when it refused to bargain over staffing levels pursuant to section 7106(b)(1) of the Federal Service Labor-Management Relations Statute (the “Statute”). Although section 7106(b)(1) only provides for bargaining “at the election of the agency,” the American Federation of Government Employees, AFL-CIO, Council 147 (the “Union”) contends that the President made this election for the Agency through Executive Order 12871, which directs all agencies to bargain over section 7106(b)(1) topics. After the Federal Labor Relations Authority (“FLRA”) rejected this argument, the Union petitioned this court for review. We now affirm the FLRA’s decision and deny the petition for review.

Facts and Procedural Background

The Union is the designated labor representative for Agency employees in the San Francisco region, including employees working in the Santa Rosa district office. In October 1994, Union member Steve Ma-tich, a claims representative, asked to move from one unit to another within the district office. Matich apparently expected that, if moved, he would trade…