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STATE OF NEB., MILITARY DEPT. v. F.L.R.A.

No. 82-1347.

705 F.2d 945 (1983)

STATE OF NEBRASKA, MILITARY DEPARTMENT, OFFICE OF THE ADJUTANT GENERAL and Department of Defense, Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided February 8, 1983.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., William Kanter, Sandra Wien Simon, Attys., Appellate Staff Civ. Div., Dept. of Justice, Washington, D.C., for petitioners.

James R. Rosa, Gen. Counsel, Mitchell J. Notis, Staff Counsel, American Federation of Government Employees, AFL-CIO Washington, D.C., for amicus curiae American Federation of Government Employees, AFL-CIO.

Elizabeth Medaglia, Associate Sol., William R. Tobey, Atty., Federal Labor Relations Authority, Washington, D.C., for respondent.

Before HEANEY and JOHN R. GIBSON, Circuit Judges, and DUMBAULD, Senior District Judge.

HEANEY, Circuit Judge.

The Military Department of the State of Nebraska [National Guard] and the United States Department of Defense seek to set aside the decision of the Federal Labor Relations Authority [FLRA]1 requiring the National Guard to bargain over certain union proposals for a grievance procedure culminating in binding arbitration. The FLRA cross-petitions for enforcement of that decision. Because the National Guard Technicians...

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