BARRINGTON D. PARKER, District Judge:
On November 12, 1983, Congress hastily passed House Joint Resolution 413 ("H.J.Res. 413"), the Second Continuing Resolution for Fiscal Year 1984, which became Public Law 98-151 when signed by President Reagan on November 14, 1983. The Joint Resolution was a stop-gap emergency appropriation measure which became necessary because funding authorization for various agencies of the federal government and a multitude of programs had expired two days earlier, on November 10, 1983. The issue presently before this Court is whether, and to what extent, section 101(f) of H.J.Res. 413 affects or limits personnel regulations previously issued by the Office of Personnel Management ("OPM") in final form on October 25, 1983. That issue involves troublesome questions of statutory interpretation and Congressional intent. The plaintiff National Treasury Employees Union ("NTEU"), a bargaining representative for 110,000 federal employees, contends that the Joint Resolution bars the implementation of the OPM regulations. The defendant Donald J. Devine, Director of OPM contends that this Court is without jurisdiction to consider the issue, and alternatively, that H.J.Res. 413 does not affect or limit the responsibilities of the OPM in any way.
The matter was presented before the Court on the government's motion to dismiss and on cross motions for partial summary judgment. The issues were carefully briefed and ably argued. For the reasons set out below, the Court grants the relief sought by the National Treasury Employees Union and determines that the challenged regulations of the Office of Personnel Management published on October 25, 1983 should not be implemented.
On November 7, 1983, NTEU filed a complaint challenging the October 25 personnel regulations issued by OPM. The regulations related to reduction in force (RIF) procedures, performance management systems for federal employees, and pay administration in the federal sector under the Fair Labor Standards Act. 29 U.S.C. §§ 201 et seq. The reduction in force and the performance management system proposals were to become effective on November 25, 1983, and the pay administration proposals on February 22, 1984.
48 Fed.Reg. 49462-98 (1983) (to be codified at 5 C.F.R. §§ 300, 335, 351, 430-31, 451, 531-32, 540, 551, 771).
NTEU sought declaratory and injunctive relief and requested the Court to set aside and declare those regulations null and void. In an amended complaint, filed November 21, 1983, it also requested that the OPM Director be enjoined to withdraw the proposals because of H.J.Res. 413, the continuing funding resolution for Fiscal Year 1984.
Despite the enactment of H.J.Res. 413, Director Devine announced on November 21, 1983, that the regulations would become effective as scheduled on November 25, 1983. Thereafter, NTEU applied for and on November 23 was granted a temporary restraining order, staying implementation of the regulations.
As a result of an agreement and subsequent representations of the parties, the temporary restraining order was extended through December 19, 1983. Because the matter appeared susceptible to final resolution on the merits by way of cross motions for summary judgment, an expedited schedule for briefing was arranged. The matter was ably argued on the merits by counsel on December 16 and 20, 1983. The government agreed to an extension of the temporary restraining order through December 31, 1983.
On November 29, 1983, the plaintiff and the defendant stipulated that the cross motions for summary judgment would address only the first cause of action set out in the plaintiff's Amended Complaint of November 21. The stipulation also provided, inter alia, that should plaintiff be awarded judgment on that cause, a final judgment would be entered under Rule 58, Fed.R. Civ.P. The Amended Complaint alleges:
FIRST CAUSE OF ACTION