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F.L.R.A. v. OFFICE OF PERSONNEL MANAGEMENT

No. 84-1325.

778 F.2d 844 (1985)

FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, WASHINGTON, D.C., Respondent, Local 32, AFGE, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 1985.

Attorney(s) appearing for the Case

Ruth E. Peters, Sol., Federal Labor Relations Authority, with whom Steven H. Svartz, Deputy Sol., William E. Persina, Associate Sol., and Pamela P. Johnson, Atty., Federal Labor Relations Authority, Washington, D.C., were on brief, for petitioner.

Phillip R. Kete, Washington, D.C., for intervenor, Local 32, AFGE, AFL-CIO.

Joseph A. Morris, Gen. Counsel, Office of Personnel Management, Washington, D.C., for respondent. Daniel R. Levinson, Atty., Office of Personnel Management, Washington, D.C., also entered an appearance, for respondent.

Before ROBINSON, Chief Judge, EDWARDS and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge.

Under Title VII of the Civil Service Reform Act of 1978, when an agency declares a union collective-bargaining proposal non-negotiable, the union may appeal this declaration to the Federal Labor Relations Authority ("FLRA") in an expedited negotiability appeal. In late 1979, the Office of Personnel Management ("OPM"), a federal agency, asserted that eight proposals...

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