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DEPARTMENT OF TREASURY, I.R.S. v. F.L.R.A.

No. 87-1439.

862 F.2d 880 (1988)

DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, and National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 1988.

Order Denying Rehearing February 28, 1989.

Attorney(s) appearing for the Case

Thomas M. Bondy, Atty., Dept. of Justice, with whom, John R. Bolton, Asst. Atty. Gen., Richard K. Willard, Asst. Atty. Gen.* and William Kanter, Atty., Dept. of Justice, Washington, D.C., were on the brief for petitioner.

Robert J. Englehart, Atty., F.L.R.A., with whom, Ruth E. Peters, Sol., William E. Persina, Deputy Sol. and Arthur A. Horowitz, Associate Sol., Washington, D.C., F.L.R.A., were on the brief for respondent.

Clinton D. Wolcott, with whom, Lois G. Williams, Washington, D.C., was on the brief for intervenor, Nat. Treasury Employees Union.

Before MIKVA and D.H. GINSBURG, Circuit Judges and JACKSON, District Judge.

Order Denying Rehearing En Banc February 28, 1989.

Opinion for the Court filed by District Judge JACKSON.

Opinion concurring and dissenting in part filed by Circuit Judge D.H. GINSBURG.

JACKSON, District Judge:

We are again presented with a controversy between a federal agency and a union representing its employees as to whether they must bargain over the agency's power to contract for the goods and...

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