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U.S. DEPT. OF HHS v. FLRA

No. 86-2619.

822 F.2d 430 (1987)

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO, Local 1923, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided June 23, 1987.

Rehearing Granted September 23, 1987.

Attorney(s) appearing for the Case

Harold K. Krent, Civ. Div., Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., William Kanter, Civil Div., Dept. of Justice, Washington, D.C., on brief), for petitioner.

Ruth E. Peters, Sol. (William E. Persina, Deputy Sol., Arthur A. Horowitz, Associate Sol., Robert J. Englehart, Federal Labor Relations Authority, Washington, D.C., on brief), for respondent.

Stuart A. Kirsch, American Federation of Government Employees, AFL-CIO (Mark Roth, Gen. Counsel, Washington, D.C., on brief), for intervenor.

Before WINTER, Chief Judge, and MURNAGHAN and WILKINSON, Circuit Judges.

Rehearing In Banc Granted September 23, 1987.

MURNAGHAN, Circuit Judge:

The United States Department of Health and Human Services (HHS) has petitioned for review of a Federal Labor Relations Authority ("FLRA") decision ordering HHS to bargain over a proposal by the American Federation of Government Employees (the "Union"). The proposal would require HHS to comply with OMB Circular A-761 (the "Circular") when making "contracting...

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