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LOCAL 32, AFGE, AFL-CIO v. FEDERAL LAB. REL. AUTH.

No. 82-1756.

728 F.2d 1526 (1984)

LOCAL 32, AFGE, AFL-CIO, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, and Office of Personnel Management, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 1984.

Attorney(s) appearing for the Case

Phillip R. Kete*, Washington, D.C., with whom Janice M. Xaver, Washington, D.C., was on the brief, for petitioner. Daniel M. Schember, Washington, D.C., also entered an appearance for petitioner.

Robert J. Englehart, Atty., Federal Labor Relations Authority, Washington, D.C., with whom Steven H. Svartz, Acting Sol., Federal Labor Relations Authority, Washington, D.C., was on the brief, for respondent.

William Kanter and John C. Hoyle, Attys., Dept. of Justice, Washington, D.C., entered appearances for intervenor, Office of Personnel Management.

Before EDWARDS and BORK, Circuit Judges, and FAIRCHILD, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

Opinion for the Court filed by Senior Circuit Judge FAIRCHILD.

FAIRCHILD, Senior Circuit Judge:

Local 32 seeks review of the Federal Labor Relations Authority's decision upholding OPM's refusal to bargain over two union proposals: Proposal II,1 that positions be filled from a certificate of best qualified applicants, and Proposal VI, that an employee demoted through no fault of his/her own be selected to fill the first vacancy...

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