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U.S. DEPT. OF DEFENSE v. FLRA

No. 91-1216.

964 F.2d 26 (1992)

UNITED STATES DEPARTMENT OF DEFENSE DEPARTMENT OF MILITARY AFFAIRS, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 2, 1992.

Attorney(s) appearing for the Case

Marleigh D. Dover, with whom Stuart M. Gerson, Asst. Atty. Gen. and Leonard Schaitman, Dept. of Justice, were on the brief, for petitioner.

Richard Zorn, with whom William E. Persina, Sol. and William R. Tobey, Deputy Sol., Federal Labor Relations Authority, were on the brief, for respondent.

Before WALD, EDWARDS and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Under the Federal Service Labor-Management Relations Act, federal agencies are required to bargain with their employees' representatives over "conditions of employment." 5 U.S.C. § 7114(b)(2). "Conditions of employment," however, are defined to exclude "policies, practices, and matters ... specifically provided for by federal statute." Id. § 7103(a)(14)(C). That exclusion...

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