National Treasury Employees Union (Nteu) v. Federal Labor Relations Authority

This petition for review of an order by the Federal Labor Relations Authority (FLRA) arises out of negotiations for a collective bargaining agreement between the National Treasury Employees Union (NTEU) and the Internal Revenue Service. NTEU sought to include in the agreement a provision that would provide compensation to IRS employees who are required to spend extra time commuting from home to a temporary work site within their official duty station. The IRS accepted the provision and approved the agreement.

The Secretary of the Treasury disapproved NTEU’s proposed contract provision as contrary to a government-wide regulation defining “hours of work” promulgated by the Office of Personnel Management (OPM). NTEU petitioned the FLRA for review of the Secretary’s disap-, proval. The FLRA denied the petition, concluding that NTEU’s proposed contract provision was nonnegotiable because it was contrary to law.

NTEU timely filed a petition for review of the FLRA’s order. We have jurisdiction under 5 U.S.C. § 7123 (a), and we affirm.

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The Federal Service Labor-Management Relations Statute (FSLMRS), 5 U.S.C. §§ 7101-7135 (2000), governs labor relations for federal employees. The…