AMERICAN FEDERATION OF GOV. EMPLOYEES v. FLRA

Nos. 88-1375, 88-1491.

944 F.2d 922 (1991)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3882, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, United States Department of Justice, Bureau of Prisons, Intervenor. UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF PRISONS, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO, Local 3882, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 3, 1991.

As Amended October 7, 1991.


Attorney(s) appearing for the Case

Martin R. Cohen, with whom Mark D. Roth was on the brief, for petitioner in No. 88-1375 and intervenor in No. 88-1491.

Joan E. Hartman, Atty., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Dept. of Justice, Jay B. Stephens, U.S. Atty., and William Kanter, Atty., Dept. of Justice, were on the brief, for petitioner in No. 88-1491 and intervenor in No. 88-1375.

Robert J. Englehart, Atty., Federal Labor Relations Authority, with whom William E. Persina, Acting Sol., Federal Labor Relations Authority, was on the brief, for respondent in Nos. 88-1375 and 88-1491. Ruth Peters also entered an appearance for respondent in No. 88-1375.

Before EDWARDS and SENTELLE, Circuit Judges, and ROBINSON, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge SPOTTSWOOD W. ROBINSON, III.

Dissenting opinion filed by Circuit Judge SENTELLE.

SPOTTSWOOD W. ROBINSON, III, Senior Circuit Judge:

The Back Pay Act1 authorizes conditionally an award of reasonable attorneys' fees to a federal agency employee affected by an unjustified or unwarranted personnel action resulting in a loss of pay.2 We are asked...

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