United States Department of Navy v. Federal Labor Relations Authority
398 U.S. App. D.C. 476
| D.C. Cir. | 2012Background
- Naval Undersea Warfare Center Newport provided bottled water in the 1990s due to lead in some water fountains.
- In 2005-2006 the Navy replaced fountains, tested tap water, and determined tap water was safe to drink, ending bottled-water provision.
- NAGE and FUSE unions grieved the removal and pursued binding arbitration; arbitrator ordered bargaining over the change in employment condition.
- FLRA affirmed the arbitrator, declining to consider appropriation-law arguments and holding the Navy must bargain before removing bottled water.
- Navy petitioned for judicial review; the DC Circuit had to determine jurisdiction and the legal basis under appropriations law.
- Court remands to FLRA to assess whether tap water is safe to drink; if so, FLRA must rule for the Navy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FLRA order is reviewable under §7123(a)(1). | Navy: decision grounded in statutory bargaining duties, not the contract. | FLRA: decision is based on contract provisions and thus not subject to review. | Yes; jurisdiction exists because the decision implicates statutory bargaining obligations. |
| Whether providing bottled water violated federal appropriations law. | Navy: prohibited to spend appropriated funds on bottled water when safe tap water is available; no authority to bargain on this point. | FLRA: continued bottled water was a longstanding practice, not barred by appropriations law. | Bottle water provision cannot be continued if tap water is safe; but remand required to verify safety. |
| Whether the tap water at Newport is in fact safe to drink. | Navy argues Cain arbitrations establish safety; FLRA record incomplete. | FLRA should determine safety status based on record. | Remand to FLRA to determine tap-water safety; if safe, Navy wins. |
Key Cases Cited
- Overseas Educ. Ass'n v. FLRA, 824 F.2d 61 (D.C.Cir.1987) (two-track system and reviewability of FLRA decisions under §7123)
- National Treasury Employees Union v. FLRA, 824 F.2d 68 (D.C.Cir.1987) (contract vs statute grounding for duty to bargain; jurisdictional limit)
- Air Force v. FLRA, 648 F.3d 841 (D.C.Cir.2011) (appropriations limits on bargaining and use of funds)
- Ass'n of Civilian Technicians, Tony Kempenich Mem'l Chapter 21 v. FLRA, 269 F.3d 1119 (D.C.Cir.2001) (expenditure of appropriated funds not negotiable when not authorized by law)
- Ass'n of Civilian Technicians, P.R. Army Chapter v. FLRA (ACT II), 370 F.3d 1214 (D.C.Cir.2004) (statutory limitations on bargaining over appropriation-bound issues)
- Ass'n of Civilian Technicians, P.R. Army Chapter v. FLRA (ACT III), 534 F.3d 772 (D.C.Cir.2008) (deference to FLRA on statutory grounds; limits when reconciling with appropriations law)