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Washington, D.C: -- The National Treasury Employees Union (NTEU) is preparing to argue before the U.S. Supreme Court a case that has profound implications on labor-management relations in the federal sector.

NTEU is the largest independent federal union, representing some 150,000 employees in 19 departments and agencies. The case will be presented by NTEU General Counsel Greg O'Duden, with oral argument scheduled for 10 a.m., Monday, November 9.

The question before the high court is whether federal labor law obligates an agency to bargain over union?initiated proposals during the life of an existing labor agreement, provided that matter is not covered by an existing, or "term," agreement and the union has not waived its right to bargain.

"This is a very serious threat to the bargaining rights of federal employees," said NTEU President Robert M. Tobias. "An adverse ruling would deny to employees the same midterm bargaining rights that agencies have and tilt the labor?relations playing field strongly against the men and women who do the work of the American people."

NTEU, which has a history of success at the Supreme Court??including a case that won more than $533 million in back pay for federal employees and another that overturned the ban on honoraria for speaking engagements??is serving as counsel for the National Federation of Federal Employees (NFFE) in this case.

The matter arose in 1993 when a NFFE local union sought to include in its term agreement with the U.S. Geological Survey a provision that would obligate the agency to bargain over union?initiated proposals arising during the term of that agreement.

Under the Federal Service Labor?Management Relations Statute, agency management has the right to propose changes in midterm, subject to bargaining with the union. There is a split among federal appeals courts on whether agencies must bargain on union?initiated proposals in those circumstances.

When the Geological Survey, an agency of the Department of Interior, refused to bargain over the NFFE proposal, the union filed an unfair labor practice charge. The Federal Labor Relations Authority (FLRA) ordered the agency to bargain, but the U.S. Court of Appeals for the Fourth Circuit ruled that the statute prohibited such bargaining.

That ruling is at odds with a 1987 decision in the U.S. Court of Appeals for the District of Columbia Circuit in a case taken by NTEU. NFFE sought NTEU as its counsel because of NTEU's familiarity with the issue and its successful history of litigating it.

Unlike the Fourth Circuit last year, the D.C. Circuit concluded that the duty to bargain in good faith imposed by the federal labor relations statute requires an agency to bargain with a union during the life of a labor agreement on negotiable union proposals dealing with matters not contained in that agreement.