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N.L.R.B. UNION v. FLRA

No. 86-1624.

834 F.2d 191 (1987)

NATIONAL LABOR RELATIONS BOARD UNION, et al., Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 1987.

As Amended December 4, 1987.

Attorney(s) appearing for the Case

Phillip R. Kete, Takoma, Md. was on the brief for petitioners.

Robert J. Englehart, Atty., Federal Labor Relations Authority, with whom Ruth E. Peters, Sol., and William E. Persina, Deputy Sol., Federal Labor Relations Authority, Washington, D.C. were on the brief for respondent. Jill A. Griffin, Washington, D.C. also entered an appearance for respondent.

Before EDWARDS, STARR and D.H. GINSBURG, Circuit Judges.

Concurring opinion filed by Circuit Judges STARR and D.H. GINSBURG.

HARRY T. EDWARDS, Circuit Judge:

In July 1985, the National Labor Relations Board Union (the "Union") petitioned the Federal Labor Relations Authority (the "FLRA") to amend 5 C.F.R. §§ 2423.5 and 2424.5 (1987).1 The Union claimed that these regulations were inconsistent with 5 U.S.C. §§ 7117(c) and 7118 (1982), because they preclude labor organizations...

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