Document Type

Article

Publication Date

8-24-1988

Abstract

Petitioner West Point Elementary School Teachers Association (the "Union") seeks review of a decision and order of the Federal Labor Relations Authority ("FLRA"), which held that the Union's proposals to negotiate over the use of personal service contracts, the accommodation of employee preferences in assigning extracurricular duties and the school calendar are not subject to the duty to bargain under the Federal Service Labor Management Relations Act, 5 U.S.C. § 7101 et seq. (1982 & Supp. IV 1986) (the "FSLMRA"). Petitioner United States Military Academy Elementary School (the "Army" or "Agency") seeks review of the same order, insofar as it directs the Army to bargain with the Union over the salary schedule for teachers. The FLRA requests enforcement of its decision and order, and denial of the petitions for review. For the reasons that follow, we grant the FLRA's petition to enforce the order with respect to the salary schedule and school calendar proposals and deny it in all other respects. We grant the Union's petition for review on the personal service contract and employee preference proposals and deny it in all other respects. We deny the Army's petition for review in its entirety.

Comments

855 F.2d 936 (1988)

WEST POINT ELEMENTARY SCHOOL TEACHERS ASSOCIATION, Petitioner Cross-Respondent, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent Cross-Petitioner. UNITED STATES MILITARY ACADEMY ELEMENTARY SCHOOL, WEST POINT, NEW YORK, Petitioner Cross-Respondent,

v.

FEDERAL LABOR RELATIONS AUTHORITY, Respondent Cross-Petitioner, West Point Elementary School Teachers Association, Intervenor.

Nos. 861, 1097, 1185, Docket 87-4149, 88-4007 and 88-4051.

United States Court of Appeals, Second Circuit.

Argued April 11, 1988.

Decided August 24, 1988.

New York Law School location: File #567, Box #121

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