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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- MOREAU et al. v. KLEVENHAGEN, SHERIFF OF
- HARRIS COUNTY, TEXAS
- certiorari to the united states court of appeals for
- the fifth circuit
- No. 92-1. Argued March 1, 1993-Decided May 3, 1993
-
- Under subsection 7(o)(2)(A) of the Fair Labor Standards Act (FLSA or
- Act), a state or local government agency may provide its employees
- compensatory time off, or ``comp time,'' instead of the generally
- mandated overtime pay, so long as, inter alia, it is done pursuant to
- ``(i) applicable provisions of a collective bargaining agreement or any
- other agreement . . . between the . . . agency and representatives of
- such employees . . . '' or ``(ii) in the case of employees not covered by
- subclause (i), an agreement . . . arrived at between the employer and
- the employee before the performance of the work . . . .'' Department
- of Labor (DOL) regulations provide that, where employees have
- designated a representative, a comp time agreement must be
- between that representative and the agency, 29 CFR 553.23(b);
- according to the Secretary of Labor, the question whether employees
- have a ``representative'' is governed by state or local law and
- practices, 52 Fed. Reg. 2014-2015. Petitioners are a group of deputy
- sheriffs in a Texas County who sought, unsuccessfully, to negotiate a
- collective FLSA comp time agreement by way of their designated
- union representative. Petitioners' employment terms and conditions
- are set forth in individual form agreements, which incorporate by
- reference the County's regulations providing that deputies shall
- receive comp time for overtime work. Petitioners filed this suit
- alleging, among other things, that they were ``covered'' by subclause
- (i) of subsection 7(o)(2)(A) by virtue of their union representation, and
- that the County therefore was precluded from providing comp time
- pursuant to individual agreements under subclause (ii). The District
- Court disagreed, relying on its conclusion that Texas law prohibits
- collective bargaining in the public sector, and entered summary
- judgment for the County. The Court of Appeals affirmed.
- Held: Because petitioners are ``employees not covered by subclause (i),''
- subclause (ii) authorized the individual comp time agreements
- challenged in this litigation. The phrase ``employees . . . covered by
- subclause (i)'' is most sensibly read as referring to employees who
- have designated a representative with the authority to negotiate and
- agree with their employer on ``applicable provisions of a collective
- bargaining agreement'' authorizing comp time. This reading accords
- significance to both the focus on the word ``agreement'' in subclause
- (i) and the focus on ``employees'' in subclause (ii); is true to subsection
- 7(o)'s hierarchy, which favors subclause (i) agreements over
- individual agreements by limiting use of the latter to cases in which
- the former are unavailable; and is consistent with the DOL
- regulations, interpreted most reasonably. Although 29 CFR
- 553.23(b), read in isolation, would support petitioners' view that
- selection of a representative-even one without lawful authority to
- bargain-is sufficient to bring the employees within subclause (i)'s
- scope, that interpretation would prohibit entirely the use of comp
- time in a substantial portion of the public sector and would be
- inconsistent with the Secretary's statement that the ``representative''
- determination is a local matter. The latter clarification establishes
- that when the regulations identify representative selection as the
- condition necessary for subclause (i) coverage, they refer only to those
- representatives with lawful authority to negotiate agreements. In
- this case, both lower courts found that Texas law prohibits
- petitioners' representative from entering into an agreement with
- their employer. Accordingly, petitioners did not have a
- representative with such authority. Pp. 9-13.
- 956 F. 2d 516, affirmed.
- Stevens, J., delivered the opinion for a unanimous Court.
-
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-