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For Your Data Usdot, Bureau Of Engraving In Addition To Printing V. Flra Illustration Brief

USDOT, Bureau of Engraving together with Printing v. FLRA example brief
995 F.2d 301, 301 U.S. App. D.C. 401, 143 LRRM 2609 (D.C. Cir. 1993)

CASE SYNOPSIS: Petitioner federal employer sought review of a determination from respondent, Federal Labor Relations Authority, which flora intervenor unions' proposals to negotiate the method past times which wage rates of crafts were set, adjusted, together with maintained negotiable.

FACTS: The unions sought to negotiate the method past times which the crafts were set, adjusted, together with maintained. The employer would non acquire by over the proposals together with invoked the administration rights exception of v U.S.C.S. § 7106(a)(1) together with the matters specifically provided for nether v U.S.C.S. § 7103(a)(14)(C). The Authority flora the proposals negotiable. On appeal, the courtroom reversed because the Authority acted inconsistently amongst its ain prior decisions together with offered no intelligible explanation of its shift. In club to accept decided the agency the Authority did it had to either accept distinguished example police trace or to accept rejected example police trace together with explained the rejection. The Authority tried to distinguish its precedents but the distinctions did non add together up. The statute governing the employer's reward of its employees, v U.S.C.S. § 5349(a) used a ii element formula that looked to the prevailing rates of like someone sector employees together with to the demands of the populace interest. Given the apparent lack of a legally pregnant distinction betwixt the prevailing charge per unit of measurement aspects of §§ 5349(a) together with 5543, the Authority's endeavor to distinguish the ii statutes from each other together with the example from example police trace roughshod apart.

CONCLUSION: The courtroom reversed the Authority's judgment together with remanded the displace for a to a greater extent than reasoned essay of the Authority's precedent together with the statutory provisions at issue.

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