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I.R.S., LOS ANGELES DIST. v. FLRA

No. 88-1550.

902 F.2d 998 (1990)

INTERNAL REVENUE SERVICE, LOS ANGELES DISTRICT, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, and National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 1, 1990.

Attorney(s) appearing for the Case

Robert D. Kamenshine, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., and William Kanter, Atty., Dept. of Justice, were on the brief, for petitioner.

James F. Blandford, Atty., FLRA, with whom William E. Persina, Sol., and Arthur A. Horowitz, Associate Sol., FLRA, were on the brief, for respondent.

Cary P. Sklar, with whom Gregory O'Duden and Elaine Kaplan were on the brief, for intervenor.

Before WALD, Chief Judge, MIKVA, and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

This case presents the question whether a union's bargaining proposal, which would allow an employee to designate his or her work station as a smoking area, conflicts with a General Services Administration ("GSA") regulation which accords to "agency heads" the responsibility for designating smoking areas. Under the Federal Service Labor-Management Relations Act of 1978 ("FSLMRA" or ...

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