NEW YORK COUNCIL, ASSOCIATION OF CIVILIAN TECHNICIANS, Petitioner,
v.
FEDERAL LABOR RELATIONS AUTHORITY, Respondent.
State of New York, Division of Military and Naval Affairs, and United States Department of Defense, Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued January 18, 1985.
Decided March 14, 1985.
Attorney(s) appearing for the Case
Bruce E. Endy, Philadelphia, Pa. (Bernard N. Katz, Spear, Wilderman, Sigmond, Borish, Endy & Silverstein, Philadelphia, Pa., of counsel), for petitioner.
William R. Tobey, Washington, D.C. (Ruth E. Peters, Steven H. Svartz, William E. Persina, Washington, D.C., of counsel), for respondent.
Marc Richman, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., William Kanter, James C. Hise, Joseph R. Reyna, Washington, D.C., of counsel), for intervenors.
H. Stephan Gordon, Washington, D.C. (Clinton D. Wolcott, Washington, D.C., of counsel), for National Federation of Federal Employees, as amicus curiae.
William J. Stone, Washington, D.C. (Charles A. Hobbie, Mark D. Roth, Washington, D.C., of counsel), for American Federation of Government Employees, AFL-CIO, as amicus curiae.
Before OAKES, CARDAMONE and PIERCE, Circuit Judges.
United States Court of Appeals, Second Circuit.
CARDAMONE, Circuit Judge:
Apparently giving the maxim "apparel oft proclaims the man"1 the force of law, the Federal Labor Relations Authority has found that the New York National Guard may require its civilian technicians to be clothed in military dress. Resolution of the issue hinges on whether the technicians' attire is subject to mandatory bargaining or whether the wearing of uniforms is a "means" by which the Guard performs its mission...
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