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U.S. ARMY ENG. CENTER v. FED. LAB. REL. AUTH.

No. 84-1327.

762 F.2d 409 (1985)

U.S. ARMY ENGINEER CENTER and Fort Belvoir and U.S. Department of the Army, Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. The American Federation of Government Employees, AFL-CIO, Local 1052, Intervenor/R.

United States Court of Appeals, Fourth Circuit.

Decided May 23, 1985.

Attorney(s) appearing for the Case

Deborah Ruth Kant, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., William Kanter, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., on brief), for petitioners.

Robert J. Englehart, Washington, D.C. (Ruth E. Peters, Sol., Steven H. Svartz, Deputy Sol., Washington, D.C., on brief), for respondent.

Joseph Goldberg, Washington, D.C. (Mark D. Roth, Washington, D.C., on brief), for intervenor.

Before WIDENER and WILKINSON, Circuit Judges, and MacKENZIE, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.

WILKINSON, Circuit Judge.

This case concerns the procedures by which the Federal Labor Relations Authority may determine the negotiability of agency rules and regulations for purposes of collective bargaining. The issue is one of statutory construction under the Federal Labor-Management Relations Act ("FLMRA"), Title VII of the Civil Service Reform Act of 1978, 5 U.S.C. § 7101 et seq. (1982). The Act provides, inter alia, that agency rules or regulations...

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