United States Department of Interior, Bureau of Indian Affairs v. Federal Labor Relations Authority

The United States Department of Interi- or (the Department) petitions for review of a final order of the Federal Labor Relations Authority (the Authority), and the Authority makes a cross application for enforcement of its order. Jurisdiction exists under 5 U.S.C. § 7123 (a). The National Federation of Federal Employees, Local 341 (the Union) has also intervened in the case in support of the Authority’s determination. We reverse the order of the Authority.

BACKGROUND

The Authority was created by statute in 1978. It is composed of three members, not more than two of whom may be adherents of the same political party, and none of whom may engage in any other business or employment. The members are appointed by the President, with the advice and consent of the Senate. There is a General Counsel, also appointed by the President with the advice and consent of the Senate. 5 U.S.C. § 7104 . The first duty prescribed by Congress for the Authority is as follows:

5 U.S.C. § 7105 . The “chapter” referred to is Chapter 71, “Labor-Management Relations.” The Authority has a structure, a status, and a mission of responsibility.

The chapter on Labor-Management Relations imposes upon the…