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DEPT. OF DEFENSE v. FEDERAL LABOR RELATIONS AUTHORITY

Nos. 80-2310, 80-2341.

685 F.2d 641 (1982)

DEPARTMENT OF DEFENSE, Department of the Army, and Headquarters, Eighth U. S. Army Garrison, Yongsan, Korea, Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, National Federation of Federal Employees, Intervenor. DEPARTMENT OF DEFENSE, et al., Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, National Federation of Federal Employees, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 1982.

Attorney(s) appearing for the Case

Howard S. Scher, Atty., Dept. of Justice, Washington, D. C., with whom Thomas S. Martin, Acting Asst. Atty. Gen., at the time the brief was filed, Washington, D. C., William Kanter, Dept. of Justice, and Peter B. Loewenberg, Atty., Dept. of the Army, Washington, D. C., were on the brief, for petitioners.

William Eugene Persina, Atty., Federal Labor Relations Authority, Washington, D. C., with whom Mary Elizabeth Medaglia, Associate Sol., Federal Labor Relations Authority, Washington, D. C., was on the brief, for respondent. Steven H. Svartz, Atty., Federal Labor Relations Authority, Washington, D. C., also entered an appearance for respondent.

Catherine Waelder and Patrick J. Riley, Washington, D. C., were on the brief, for intervenor.

Before WALD, MIKVA and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

Opinion filed by Circuit Judge GINSBURG, dissenting in part.

MIKVA, Circuit Judge:

We deal here with the perhaps unavoidable tension between two important areas of national policy: federal employee labor relations and the United States military presence in allied countries. In general, we are called upon to examine the relationship between the Federal Service Labor-Management Relations Statute, 5...

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