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AFGE, AFL-CIO, LOCAL 1923 v. FLRA

No. 86-1297.

819 F.2d 306 (1987)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1923, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 1987.

Attorney(s) appearing for the Case

Joseph F. Henderson, with whom Mark D. Roth, Washington, D.C., was on the brief, for petitioner.

Arthur A. Horowitz, Atty., Federal Labor Relations Authority, for respondent. Ruth E. Peters, Sol., Steven H. Svartz, Deputy Sol., William E. Persina, Associate Sol. and Pamela P. Johnson, Atty., Federal Labor Relations Authority, Washington, D.C., were on the brief, for respondent.

Before WALD, Chief Judge, MIKVA and DOUGLAS GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

In this case, we consider whether a proposal submitted by a union during negotiations for a new contract falls outside the scope of an agency-employer's duty to bargain. The proposal at issue would have prohibited an agency supervisor from recommending the discharge of an employee for unacceptable performance unless the supervisor found that the employee would

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