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DEPT. OF DEFENSE DEPENDENTS SCHOOLS v. F.L.R.A.

No. 87-3126.

852 F.2d 779 (1988)

DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS, ALEXANDRIA, VIRGINIA, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided July 28, 1988.

Attorney(s) appearing for the Case

Howard S. Scher (William Kanter, Appellate Staff, Civil Div., Dept. of Justice, Richard W. Willard, Asst. Atty. Gen., William C. Owen, Asst. Director of Personnel, Labor-Management Div., Dept. of Justice, Washington, D.C., on brief), for petitioner.

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

(Judith D. Galat, Staff Counsel, Mark D. Roth, General Counsel, Washington, D.C., on brief), for amicus curiae American Federation of Government Employees, AFL-CIO.

Before WIDENER and MURNAGHAN, Circuit Judges, and McMILLAN, United States District Judge for the Western District of North Carolina, sitting by designation.

WIDENER, Circuit Judge:

The Federal Labor Relations Authority (FLRA) is charged with administering federal sector labor relations pursuant to Title VII of the Civil Service Reform Act of 1978, 5 U.S.C. §§ 7101 et seq. The FLRA has determined that when the Federal Services Impasses Panel delegates its authority to resolve bargaining impasses to an individual panel member which it calls a mediator-arbitrator, agency head review of the collective bargaining...

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