National Treasury Employees Union (Nteu), Office of the Comptroller of the Currency, Intervenor v. Federal Labor Relations Authority

The National Treasury Employees' Union (“Union”) petitions for review of the Federal Labor Relations Authority’s (“FLRA”) decision that a proposal regarding geographically-based pay (“geo pay”) was outside the Comptroller of the Currency’s duty to bargain. Federal agencies are generally required to negotiate in good faith with a representative of their employees over conditions of employment. See Fort Stewart Sch. v. FLRA 495 U.S. 641, 644 , 110 S.Ct. 2043 , 109 L.Ed.2d 659 (1990). Wages and other monetary compensation are considered a condition of employment. Id. at 645-50 , 110 S.Ct. 2043 . However, there is no duty to negotiate if “Congress intended the agency in question to enjoy complete discretion over the particular matter at issue.” Am. Fed’n of Gov’t Employees, Local 3295 v. FLRA, 46 F.3d 73, 74 (D.C.Cir.1995) (“AFGE”). The FLRA concluded that 12 U.S.C. §§ 481 and 482 give the Comptroller sole and exclusive discretion to set the compensation for employees of the Office of the Comptroller of the Currency (“OCC”), and thus the Comptroller had no duty to bargain over the geo pay proposal. We have jurisdiction pursuant to 5 U.S.C. § 7123 (a), and we affirm the FLRA’s…