AMERICAN FED. OF GOV. EMP. v. FEDERAL LAB. REL. AUTH.

No. 81-2384.

730 F.2d 1534 (1984)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2953, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 30, 1984.


Attorney(s) appearing for the Case

Mitchell Jay Notis, Washington, D.C., with whom James R. Rosa, Washington, D.C., was on brief, for petitioner.

William E. Persina, Atty. Federal Labor Relations Authority, Washington, D.C., with whom Elizabeth Medaglia, Acting Sol., Federal Labor Relations Authority, Washington, D.C., was on brief, for respondent.

Before WALD and SCALIA, Circuit Judges, and MacKINNON, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge MacKINNON.

MacKINNON, Senior Circuit Judge.

When Congress enacted the National Guard Technician Act of 1968 (Pub.L. No. 90-486 § (2)(1), 82 Stat. 755, 32 U.S.C. § 709 (1976)) it provided that all employed technicians shall be members of the National Guard, hold the military grade specified for that position and be considered in some respects as federal...

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