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Washington, D.C.?In a major victory for federal sector unions and employees, the Supreme Court today by a 5?to?4 vote cleared the way for members of the federal workforce to have the same collective bargaining rights as agency managers. The Court flatly rejected the federal government's position that union?initiated proposals made during the life of an existing collective bargaining agreement violate the federal sector labor relations statute

NTEU President Robert M. Tobias, whose union had successfully litigated this issue in the U.S. Court of Appeals for the District of Columbia Circuit in 1987, called the Supreme Court decision "one of the most important and far?reaching on federal employment issues in many years."

NTEU General Counsel Greg O'Duden argued the current case last November on behalf of the National Federation of Federal Employees (NFFE. Local 1309 v. Department of the Interior. No. 97?1184).

The High Court resolved a split between two federal appeals courts on the issue of unioninitiated negotiations. In an opinion written by Justice Breyer, the Court repudiated each argument made by the U. S. Solicitor General to support the federal government's position that union?initiated midterm bargaining is illegal. The rejected arguments included several policy based contentions to the effect that midterm bargaining would be disruptive. Echoing an argument made by NTEU on behalf of NFFE, the Court instead held that the federal sector labor statute emphasized that collective bargaining contributed to the effective conduct of public business.

The Court further stated that because the language of the statute neither prohibits nor requires union?initiated midterm bargaining, it would remand the case to the Federal Labor Relations Authority (FLRA) to refine the precise circumstances when midterm bargaining is required. The FLRA's well?established view is that midterm bargaining is entirely consistent with the federal labor statute. The Authority has, accordingly, approved union?initiated midterm bargaining unless a matter is already covered by a pre?existing collective agreement. Tobias said that NTEU expects the FLRA to adhere to this view.

The practical effect of the Court's ruling, said Tobias, will mean that where unanticipated matters not addressed by a prior agreement arise ? for example, discovery of a safety problem in the workplace?federal agencies will have to bargain as to those matters when federal sector unions advance proposals.

"I am proud of NTEU's lead role in this case," said Tobias. "The Court's decision is another big step toward ensuring equality between labor and management at the bargaining table."