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AM. FED. OF GOV. EMP., ETC. v. FED. LABOR REL. AUTH.

No. 82-1897.

716 F.2d 47 (1983)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, COUNCIL OF SOCIAL SECURITY DISTRICT OFFICE LOCALS, SAN FRANCISCO REGION, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 23, 1983.

Attorney(s) appearing for the Case

Charles A. Hobbie, with whom Mark D. Roth and James R. Rosa, Washington, D.C., were on brief, for petitioner.

William E. Persina, Atty., Federal Labor Relations Authority, Washington, D.C., for respondent. Steven H. Svartz, Acting Sol., Federal Labor Relations Authority, and Ellen Stern, Atty., Federal Labor Relations Authority, Washington, D.C., were on brief, for respondent.

Before TAMM and BORK, Circuit Judges, and CHARLES R. RICHEY, U.S. District Judge for the District of Columbia.

Opinion PER CURIAM.

PER CURIAM:

This is a dual motive case in which the agency considered the employee's union activities in deciding not to promote the employee. We are asked to review the Federal Labor Relations Authority's abandonment of the "in-part" test, which provides that a violation occurs even if the employer's decision is based only in part on protected conduct, and its adoption of the Mt. Healthy test, which provides that no violation occurs...

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