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U. S. DEPT. OF AGRICULTURE v. FEDERAL LABOR REL. AUTH.

No. 81-1948.

691 F.2d 1242 (1982)

UNITED STATES DEPARTMENT OF AGRICULTURE, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, and The American Federation of Government Employees, AFL-CIO, Intervenor/Respondent.

United States Court of Appeals, Eighth Circuit.

Decided August 9, 1982.

Rehearing and Rehearing Denied September 14, 1982.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., William Kanter, Douglas Letter, Attys., Appellate Staff Civ. Div., Dept. of Justice, Washington, D. C., for petitioner.

Robert J. Freehling, Sol., Elizabeth Medaglia, Associate Sol., Ellen Stern, Atty., Federal Labor Relations Authority, Washington, D. C., for respondent.

Charles A. Hobbie, Staff Counsel, Mark D. Roth, Asst. Gen. Counsel, James R. Rosa, Gen. Counsel, American Federation of Government Employees, AFL-CIO, Washington, D. C., for intervenor/respondent.

Robert M. Tobias, Gen. Counsel, John F. Bufe, Deputy Gen. Counsel, William F. White, Sean J. Rogers, Associate Gen. Counsel, Cary P. Sklar, Asst. Counsel, National Treasury Employees Union, Washington, D. C., for amicus curiae.

Before HEANEY, BRIGHT and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 14, 1982.

BRIGHT, Circuit Judge.

This case reaches this court on a petition to review and cross-application for enforcement of a Federal Labor Relations Authority (FLRA) decision finding that the Department of Agriculture (USDA) committed an unfair labor practice. The USDA refused to pay travel expenses and per diem for employees acting as union representatives in collective bargaining negotiations with the...

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