DEPT. OF DEFENSE, ETC. v. FED. LABOR REL. AUTH.

Nos. 80-1119, 80-1351 and 80-1358.

659 F.2d 1140 (1981)

DEPARTMENT OF DEFENSE, ARMY-AIR FORCE EXCHANGE SERVICE, and Army-Air Force Exchange Service, Dix-McGuire Exchange, Fort Dix, New Jersey, Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO, Intervenor. DEPARTMENT OF DEFENSE, DEPARTMENT OF the AIR FORCE, Air Force Logistics Command, and Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio, Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO, Intervenor. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, Department of Defense, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 1981.


Attorney(s) appearing for the Case

Howard S. Scher, Atty., Dept. of Justice, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., at the time the briefs were filed, Washington, D. C., and William Kanter, Atty., Dept. of Justice, Washington, D. C., were on the brief, for petitioners in No. 80-1119.

Douglas N. Letter, Atty., Dept. of Justice, Washington, D. C., with whom Thomas S. Martin, Acting Asst. Atty. Gen., at the time the briefs were filed, Washington, D. C., and William Kanter, Atty., Dept. of Justice, Washington, D. C., were on the brief, for petitioners in No. 80-1351 and intervenors in No. 80-1358.

William J. Stone, Washington, D. C., with whom James R. Rosa and Charles A. Hobbie, Washington, D. C., were on the brief, for American Federation of Government Employees, petitioner in No. 80-1358 and intervenor in Nos. 80-1119 and 80-1351.

Steven H. Svartz, Atty., Federal Labor Relations Authority, Washington, D. C., with whom Elizabeth Medaglia, Associate Sol., Federal Labor Relations Authority, Washington, D. C., was on the brief, for respondent.

Janet Cooper and Catherine Waelder, Washington, D. C., were on the brief for amicus curiae National Federation of Federal Employees in No. 80-1119, urging affirmance.

Before ROBINSON, Chief Judge, WRIGHT, Circuit Judge, and VAN PELT, Senior District Judge.


Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Senior District Judge VAN PELT concurs except as to Proposal III, as to which he would reverse.

J. SKELLY WRIGHT, Circuit Judge:

The Civil Service Reform Act of 19781 requires management officials of the federal agencies to bargain with employee representatives over conditions of employment.2 But the duty to engage in collective...

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