DEPT. OF AIR FORCE v. FED. LAB. REL. AUTHORITY

No. 81-2244.

717 F.2d 1314 (1983)

DEPARTMENT OF the AIR FORCE, UNITED STATES AIR FORCE ACADEMY, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, and American Federation of Government Employees, AFL-CIO, Local 1867, Intervenor.

United States Court of Appeals, Tenth Circuit.

September 19, 1983.


Attorney(s) appearing for the Case

John S. Koppel, Dept. of Justice, Civil Div., Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., William Kanter and Frederick Geilfuss, Dept. of Justice, Civil Div., Washington, D.C., on the brief), for petitioner.

Steven H. Svartz, Federal Labor Relations Authority, Washington, D.C. (Mary Elizabeth Medaglia, Acting Sol., William E. Persina and Dawn D. Bennett-Alexander, Federal Labor Relations Authority, Washington, D.C., on the brief), for respondent.

William J. Stone, Asst. Gen. Counsel, American Federation of Government Employees, AFL-CIO, Washington, D.C. (James R. Rosa, Gen. Counsel, American Federation of Government Employees, AFL-CIO, Washington, D.C., with him on the brief), for intervenor.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.


McKAY, Circuit Judge.

This is a collective bargaining dispute arising under Title VII of the Civil Service Reform Act of 1978.1 The Act reserves certain rights to management, including, among others, personnel decisions such as whether to hire, assign, lay off, or discipline employees. § 7106(a). These rights are non-negotiable in the collective bargaining process. However, the rights reserved to management in subsection (a) are subject...

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