American Federation of Government Employees, Local 1978 v. Federal Labor Relations Authority

The American Federation of Government Employees (“AFGE” or “the Union”) appeals the Federal Labor Relations Authority’s (“the FLRA” or “the Authority”) determination that the Bureau of Reclamation (“the Bureau”) did not commit an unfair labor practice by refusing to bargain over Sunday premium pay. The Bureau has intervened in support of the Authority’s decision. We have jurisdiction under 5 U.S.C. § 7123 (a) (1988), and we affirm the Authority’s decision.

I.

The AFGE has been the exclusive representative of all wage board employees up to and including Foreman 1 at the Boulder Canyon Project, Bureau of Reclamation, located in Boulder City, Nevada (“the Regional Office”). These employees are prevailing rate employees. See 5 U.S.C. § 5342 (a)(2) (1988). They have received a 25% premium for regularly-scheduled non-overtime Sunday work since prior to August 19, 1972.

On April 2, 1987, the Regional Office notified the Union that it would discontinue paying Sunday premium pay on June 7, 1987. The Regional Office subsequently agreed to delay the change until June 21, 1987. At a meeting on June 10, 1987, the Union argued that Sunday premium pay was subject to substantive bargaining. On…