U.S. NUCLEAR REGULATORY COM'N v. F.L.R.A.

Nos. 93-1704, 93-1851.

25 F.3d 229 (1994)

UNITED STATES NUCLEAR REGULATORY COMMISSION, WASHINGTON, D.C., Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. National Treasury Employees Union, Intervenor. FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, WASHINGTON, D.C., Respondent. National Treasury Employees Union, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided June 3, 1994.

As Amended June 21, 1994.


Attorney(s) appearing for the Case

ARGUED: Sushma Soni, Civ. Div., U.S. Dept. of Justice, Washington, DC, for petitioner. Frederick Michael Herrera, Federal Labor Relations Authority, Washington, DC, for respondent. Timothy Brendan Hannapel, Asst. Counsel, National Treasury Employees Union, Washington, DC, for Intervenor. ON BRIEF: Frank W. Hunger, Asst. Atty. Gen., Mark B. Stern, Civ. Div., U.S. Dept. of Justice, Washington, DC, for petitioner. David M. Smith, Sol., William R. Tobey, Deputy Sol., Federal Labor Relations Authority, Washington, DC, for respondent. Gregory O'Duden, Gen. Counsel, Barbara A. Atkin, Associate Gen. Counsel for appellate Litigation, National Treasury Employees Union, Washington, DC, for intervenor.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.


Petition for review granted and application for enforcement denied by published opinion. Judge NIEMEYER wrote the opinion, in which District Judge ELLIS joined. Judge MURNAGHAN wrote a separate dissenting opinion.

OPINION

NIEMEYER, Circuit Judge.

The question presented in this case is whether the United States Nuclear Regulatory Commission can be compelled to negotiate with a union for proposals defining employee rights and procedures for investigatory...

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