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N. J. AIR NAT. GUARD v. FED. LABOR REL. AUTHORITY

No. 81-1592.

677 F.2d 276 (1982)

NEW JERSEY AIR NATIONAL GUARD, 177th Fighter Interceptor Group and Department of Defense, Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO, Local 3486, Intervenor.

United States Court of Appeals, Third Circuit.

Decided April 12, 1982.

Rehearing and Rehearing Denied May 11, 1982.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., William Kanter, Marc P. Richman, Sandra Wien Simon (argued), Appellate Staff, Dept. of Justice, Washington, D. C., for petitioners.

Dennis T. Guise, Dept. of Military Affairs, Annville, Pa., for amicus curiae Com. of Pa., Pennsylvania Nat. Guard.

Paschon, Feurey & Kotzas, Toms River, N. J., for amicus curiae Adjutants Gen. Assoc. of the United States; Lt. Col. Robert V. Paschon, Toms River, N. J. (argued), Major Terrence Woods, Capt. Michael Kiefer, Capt. C. Roger Lunden, on brief.

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

Joe Goldberg, Staff Counsel, AFGE, Washington, D. C., for intervenor.

Before ADAMS and SLOVITER, Circuit Judges, and STERN, District Judge.

Rehearing and Rehearing In Banc Denied May 11, 1982.

OPINION OF THE COURT

ADAMS, Circuit Judge.

On this appeal from an order of the Federal Labor Relations Authority (FLRA) we must decide whether the New Jersey Air National Guard is obliged to bargain over certain conditions of employment with a union representing National Guard technicians. The FLRA held that the Labor-Management Relations Chapter of the Civil Service Reform Act of 1978 (hereinafter...

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