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U.S. DEPT. OF HEALTH & HUMAN SERVICES v. FLRA

Nos. 92-1078, 92-1250.

976 F.2d 229 (1992)

The UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO (AFGE), Intervenor. FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, American Federation of Government Employees, AFL-CIO (AFGE), Intervenor, v. The UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided October 1, 1992.

As Amended November 2, 1992.

Attorney(s) appearing for the Case

Fred P. Phillips, IV, Civil Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Mark B. Stern, on brief), for petitioner.

James Frederick Blandford, Federal Labor Relations Authority, Washington, D.C., argued (William E. Persina, Sol., William R. Tobey, Deputy Sol., Arthur A. Horowitz, Associate Sol., on brief), for respondent.

Mark D. Roth, Charles A. Hobbie, Alexia F. McCaskill, American Federation of Government Employees, AFL-CIO, Washington, D.C., for intervenor.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

OPINION

ERVIN, Chief Judge:

This case involves a dispute between the Federal Labor Relations Authority (the "FLRA" or the "Authority") and the Social Security Administration of the United States Department of Health and Human Services (the "SSA") regarding the standard that should be applied when assessing whether the parties' collective bargaining agreement has waived certain of the SSA employees' statutory rights. We find that the "clear and unmistakable...

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