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

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 pay 1 was the subject of negotiation prior to August 19, 1972, and, therefore, preserved for bargaining under section 704. We conclude that Sunday premium pay was not the subject of negotiation prior to August 19, 1972 and reverse the Federal Labor Relations Authority’s (FLRA) decision ordering the Bureau of Reclamation of the Department of the Interior (“Bureau”) to bargain in good faith over such proposal with the National Association of Government Employees, Local R14-143 (“union”).

BACKGROUND

The union sought to bargain with the Bureau’s Yuma Area Office over Sunday differential pay for its members. The union member employees are federal employees classified for pay as…