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DIV. OF MIL. & NAVAL AFFAIRS v. FED. LABOR REL.

No. 1180, Docket 82-4036.

683 F.2d 45 (1982)

DIVISION OF MILITARY AND NAVAL AFFAIRS, STATE OF NEW YORK, and Department of Defense, Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, Second Circuit.

Decided June 28, 1982.

Attorney(s) appearing for the Case

Douglas Letter, Atty., Civil Division, Dept. of Justice, Washington, D. C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., William Kanter, Washington, D. C., Atty., of counsel), for petitioners.

Ellen Stern, Atty., Federal Labor Relations Authority, Washington, D. C. (Mary Elizabeth Medaglia, Acting Sol., Washington, D. C., of counsel), for respondent.

Robert M. Tobias, Gen. Counsel, National Treasury Employees Union, Washington, D. C., John F. Bufe, Deputy Gen. Counsel, William F. White, Associate Gen. Counsel, Washington, D. C., for amicus curiae National Treasury Employees Union in Support of respondent FLRA.

Mark D. Roth, Asst. Gen. Counsel, American Federation of Government Employees, AFL-CIO, Washington, D. C., James R. Rosa, General Counsel, Washington, D. C., for amicus curiae American Federation of Government Employees, AFL-CIO in Support of respondent FLRA.

Before LUMBARD, OAKES and PIERCE, Circuit Judges.

LUMBARD, Circuit Judge:

The New York National Guard1 petitions for review of an order of the Federal Labor Relations Authority (FLRA) which directs the Guard to pay the per diem and travel expenses incurred by representatives of civilian employees in collective bargaining with the Guard. The FLRA applies for enforcement of the order. We grant the petition for review and deny enforcement. We find no authority to support the FLRA's command...

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