United States Department of the Air Force v. Federal Labor Relations Authority
396 U.S. App. D.C. 290
| D.C. Cir. | 2011Background
- Air Force petitions for review of FLRA ruling that a union proposal for uniform cleaning is negotiable as a condition of employment.
- Air Force argues uniform maintenance expenditures are not authorized by law under 10 U.S.C. §1593 and 5 U.S.C. §5901, citing a recently discovered Conference Report.
- FLRA held the proposal negotiable because statutes leave discretion and the cleaning service is not the same as furnishing a uniform.
- Air Force invokes the waivers in 5 U.S.C. §7123(c) arguing extraordinary circumstances due to an Appropriations Clause bar.
- Court concludes extraordinary circumstances excuse failure to raise the issue before the FLRA and has jurisdiction to review; ultimately, the Air Force prevails that cleaning services are non‑negotiable under the statutes.
- Court applies Chevron two-step and determines the plain text and DoD interpretation do not authorize using appropriated funds for uniform cleaning; accordingly, the petition is granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether extraordinary circumstances excuse waiver | Air Force: Appropriations Clause constitutes extraordinary circumstance | FLRA: Waiver applies; no extraordinary circumstance | Yes; extraordinary circumstances permit review |
| Whether statutes authorize cleaning services | Air Force: statutes do not authorize cleaning services | DoD/FLRA: statutory ambiguity allows bargaining | No; statutes do not authorize cleaning with appropriated funds; petition granted |
Key Cases Cited
- EEOC v. FLRA, 476 U.S. 19 (1986) (agency expertise context for waiver/extraordinary circumstances)
- U.S. Dept. of Housing & Urban Dev. v. FLRA, 964 F.2d 1 (D.C. Cir. 1992) (extraordinary circumstances and agency expertise considerations)
- Office of Personnel Management v. Richmond, 496 U.S. 414 (1990) (Appropriations Clause limits judicial remedies; estoppel not allowed)
- Department of the Army v. FLRA, 56 F.3d 273 (D.C. Cir. 1995) (sovereign/appropriations concerns in 7123(c) context)
- Gen. Servs. Admin. v. FLRA, 86 F.3d 1185 (D.C. Cir. 1996) (FLRA deference regarding agency-administered statutes)
- Chevron, U.S.A., Inc. v. NRDC, 467 U.S. 837 (1984) (two-step framework for statutory interpretation)