Federal Employees v. Department of Interior, 526 U.S. 86, 4 (1999)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Cite as: 526 U. S. 86 (1999)

OTMConnor, J., dissenting

cies bargain over a few specified topics. See 5 U. S. C. § 7106(b).

Section 7106(b) obligates an agency to bargain midterm over specified agency initiatives, such as the creation of "procedures which management officials of the agency will observe in exercising any authority" under the Federal Labor Statute. § 7106(b)(2); see also § 7106(b)(3) (providing for bargaining over "appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials"); American Federation of Government Employees, AFL-CIO, Local 2782 v. FLRA, 702 F. 2d 1183, 1186-1187 (CADC 1983). Because the Statute specifies a few, limited topics that are subject to midterm bargaining, it cannot be construed to require mid-term bargaining generally. Such a construction, indeed, renders the specific and general obligations redundant. See, e. g., United States v. Nordic Village, Inc., 503 U. S. 30, 36 (1992).

The Court reasons that § 7106(b) does not define a limited duty to bargain midterm because it merely defines exceptions to § 7106(a), which, in turn, defines managerial rights that are themselves exceptions to the duties outlined in the Statute. Moreover, because the section's introductory language "indicates only that the delegation of certain rights to management . . . shall not preclude negotiations about certain related matters," see ante, at 97-98, the Court suggests that § 7106(b) defines a permissive exception to an exception rather than an obligation. It thus follows from the structure and text of § 7106(b) that "the duty to bargain midterm finds its source elsewhere in the Statute." Ante, at 98.

The Court's reliance on § 7106(b)'s introductory language is misplaced because the subparts of § 7106(b) indicate that this section defines an obligation, not a permissive exception. Specifically, although § 7106(b)(1) provides that an agency at its election can initiate bargaining on working conditions, §§ 7106(b)(2) and (b)(3) are mandatory, requiring that agen-

103

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007