OFFICE OF PERSONNEL MANAGEMENT v. FLRA

No. 87-1726.

864 F.2d 165 (1988)

OFFICE OF PERSONNEL MANAGEMENT, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 20, 1988.


Attorney(s) appearing for the Case

Thomas M. Bondy, Atty., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., and William Kanter and Mary K. Doyle, Attys., Dept. of Justice, Washington, D.C., were on the brief, for petitioner. Jacob M. Lewis, Attorney, Dept. of Justice, Washington, D.C., also entered an appearance for petitioner.

Robert J. Englehart, Atty., Federal Labor Relations Authority, with whom William E. Persina, Acting Sol., Federal Labor Relations Authority, Washington, D.C., was on the brief, for respondent. Arthur A. Horowitz, Atty., Federal Labor Relations Authority, Washington, D.C., also entered an appearance for respondent.

Stuart A. Kirsch, Mark D. Roth, and Philip Kete, Washington, D.C., were on the brief for intervenor.

Before WALD, Chief Judge, and MIKVA and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge MIKVA.

Dissenting Opinion filed by Circuit Judge SENTELLE.

MIKVA, Circuit Judge:

This case reviews a determination by the Federal Labor Relations Authority ("FLRA" or "Authority") that a union proposal is negotiable. AFGE, AFL-CIO, Local 32 and Office of Personnel Management, 29 F.L.R.A. (No. 40) 380 (1987). The case presents the question whether a government...

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