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STATE OF N.Y. v. FEDERAL LABOR REL. AUTH.

Nos. 138, 139, Dockets 82-4072, 82-4090.

696 F.2d 202 (1982)

STATE OF NEW YORK, DIVISION OF MILITARY AND NAVAL AFFAIRS (ALBANY, NEW YORK), and The Department of Defense, Petitioners-Cross-Respondents, v. FEDERAL LABOR RELATIONS AUTHORITY (Boston, Massachusetts), Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided December 10, 1982.

Attorney(s) appearing for the Case

Marc Richman, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., William Kanter, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Joseph R. Reyna, Atty., National Guard Bureau, Washington, D.C., of counsel), for petitioner-cross-respondent.

William E. Persina, Atty., Federal Labor Relations Authority, Washington, D.C. (Steven H. Svartz, Acting Sol., Federal Labor Relations Authority, Washington, D.C., of counsel), for respondent-cross-petitioner.

Drennan A. Clark, Col., Nevada Air National Guard, State Judge Advocate, Nevada Military Dept., Carson City, Nev., for amicus curiae Adjutants General Ass'n of the United States.

Meranze, Katz, Spear & Wilderman, Philadelphia, Pa. (Bernard N. Katz, Leonard Spear and Bruce E. Endy, Philadelphia, Pa., of counsel), for amicus curiae New York State Council, Ass'n of Civilian Technicians, Inc.

Before OAKES and WINTER, Circuit Judges, and METZNER, District Judge.

METZNER, District Judge:

The petitioner, State of New York, Division of Military and Naval Affairs (National Guard), seeks review of an order of the Federal Labor Relations Authority (FLRA). The order stated that the National Guard had engaged in an unfair labor practice and required the National Guard to include in its collective bargaining agreement with the New York Council, Association of Civilian Technicians, Inc. (technicians), a provision to the effect that...

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