DEPARTMENT OF the NAVY, et al., Petitioners/Cross-Respondents,
v.
FEDERAL LABOR RELATIONS AUTHORITY, Respondent/Cross-Petitioner.
Portsmouth Federal Employees Metal Trades Council, AFL-CIO, Intervenor.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued December 3, 1986.
Decided March 31, 1987.
Attorney(s) appearing for the Case
Mark B. Stern, Dept. of Justice, with whom William Kanter, Dept. of Justice, and Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., were on brief for petitioners/cross-respondents.
William E. Persina, Deputy Sol., with whom Ruth E. Peters, Sol., Arthur A. Horowitz, Associate Sol., and Elsa D. Newman, Washington, D.C., were on brief for respondent/cross-petitioner.
Ellen C. Boardman with whom Sally M. Tedrow, Nicholas R. Femia and O'Donoghue & O'Donoghue, Washington, D.C., were on brief for intervenor.
Thomas A. Woodley, Gregory K. McGillivary, Edward J. Hickey, Jr., General Counsel, and Mulholland & Hickey, Washington, D.C., on brief for Public Employee Department, AFL-CIO, amicus curiae.
Mark D. Roth, General Counsel, Charles A. Hobbie, Deputy General Counsel, and Robert S. Trotner, Staff Counsel, on brief for American Federation of Government Employees, AFL-CIO, amicus curiae.
Before BOWNES, TORRUELLA and SELYA, Circuit Judges.
United States Court of Appeals, First Circuit.
TORRUELLA, Circuit Judge.
The question presented by this appeal is whether this Court should enforce a ruling by the Federal Labor Relations Authority (FLRA) to the effect that the Department of the Navy (Navy) and the Portsmouth Naval Shipyard (Shipyard) committed unfair labor practices in violation of 5 U.S.C. § 7116(a)(1) and (8)1 by failing to comply with an arbitration award. We conclude that the FLRA's order is unenforceable...
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