Click here to view the decision.
58 FLRA No. 60
U. S. Dept. of The Interior, Bureau of Indian Affairs, Southwestern Indian Polytechnic Institute, Albuquerque, New Mexico and Indian Educators Federation Local 4524, Case No. DA-CA-01-0120 (Decided December 23, 2002)
The Judge concluded that the Respondent did not violate section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute by implementing a demonstration project encompassing a new personnel system without providing the Charging Party an opportunity to bargain prior to implementation. The Authority adopted the Judge's findings, conclusions, and recommended Order to the extent consistent with this decision.
The Authority explained that it is well established that if a law indicates that an agency's discretion is intended to be exercised only by the agency, referred to by the Authority as sole and exclusive discretion, then the agency is not obligated under the Statute to exercise that discretion through collective bargaining. In determining whether an agency's discretion is sole and exclusive, the Authority examines the plain wording and the legislative history of the relevant statute. A law need not use any specific phrase or words in order to confer sole and exclusive discretion.
In this case, the Authority concluded that the Respondent had sole and exclusive discretion to determine whether to bargain with the Charging Party over the demonstration project prior to its implementation. Therefore, the Authority concluded that the Respondent's failure to do so did not violate the Statute and dismissed the complaint.