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AMERICAN FED. OF GOV. EMPLOYEES, LOCAL 3013 v. FLRA

Nos. 84-1751, 84-1803.

762 F.2d 183 (1985)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3013, AFL-CIO, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. Maine Air National Guard and United States Department of Defense, Intervenors. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3936, AFL-CIO and Luis J. Marquez, Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. Puerto Rico Air National Guard and United States Department of Defense, Intervenors.

United States Court of Appeals, First Circuit.

Decided May 24, 1985.

Rehearing and Rehearing Denied June 19, 1985.

Attorney(s) appearing for the Case

William J. Stone, Asst. General Counsel, Washington, D.C., with whom Mark D. Roth, General Counsel, Washington, D.C., was on brief for petitioners.

William R. Tobey, Washington, D.C., with whom Ruth E. Peters, Sol., Steven H. Svartz, Deputy Sol., and William E. Persina, Associate Sol., Washington, D.C., were on brief for respondent.

Sandra Simon, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., William Kanter and Marc Richman, Appellate Staff, Civ. Div., Dept. of Justice, James C. Hise, Washington, D.C., and Joseph R. Reyna, Office of Legal Advisor, National Guard Bureau, were on brief for intervenors.

Before BREYER and TORRUELLA, Circuit Judges, and SELYA, District Judge.

Rehearing and Rehearing En Banc Denied June 19, 1985.

PER CURIAM.

These two cases raise the question of whether the Maine Air National Guard and Puerto Rico Air National Guard may require their "civilian" technicians to wear military uniforms at all times when they are at work, regardless of whether they are performing "military" or "civilian" duties. More specifically, we must decide whether this "uniform" question is a "mandatory" or "permissive" subject...

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