Antonin Scalia

“ A collective bargaining agreement must provide procedures "for the settlement of grievances," § 7121 (a) (1) , which are defined as "complaint [s] . . . concerning . . . any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment," § 7103 (a) (9) (C) (ii) ; and the agreement must "provide that any grievance not satisfactorily settled under the negotiated grievance procedure shall be subject to binding arbitration" which may be invoked by either party. ”

“ Finally, the FLRA suggests that the term "applicable laws" in § 7106 (a) (2) is coextensive with the phrase "any law, rule, or regulation" in § 7103 (a) (9) (C) (ii) , so that any agency contracting decision that gives rise to a grievance is by definition not "in accordance with applicable laws." The FLRA did not explicitly use this reasoning in its decision here, but it seems to have done so in other cases. See, e.g., AFSCME Local 3097 v. Department of Justice, Justice Management Div., 31 F.L.R.A., at 333, 338-339. ”

“ During the course of contract negotiations with the IRS, respondent NTEU put forward a proposal that, with respect to contracting-out decisions employees wished to contest, the "grievance and arbitration" provisions of the collective-bargaining agreement would constitute the "internal appeals procedure" required by the Circular. [1] The IRS refused to bargain over this proposal, taking the position that its subject matter was nonnegotiable under the Act. The Union then petitioned for review by the Authority, which is empowered by the Act to "resolv [e] issues relating to the duty to bargain." ”