AMERICAN FED. OF GOV. EMP., AFL-CIO v. FED. L. REL.

No. 87-1083.

840 F.2d 947 (1988)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 4, 1988.


Attorney(s) appearing for the Case

Martin R. Cohen, with whom Mark D. Roth was on the brief for petitioner. Joe Goldberg and Charles A. Hobbie, Washington, D.C., also entered appearances for petitioner.

Arthur A. Horowitz, Associate Sol., Federal Labor Relations Authority, with whom Ruth E. Peters, Sol., and William E. Persina, Deputy Sol., Federal Labor Relations Authority were on the brief for respondent. Robert J. Englehart, Washington, D.C., Attorney, Federal Labor Relations Authority also entered an appearance for respondent.

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

Before ROBINSON and WILLIAMS, Circuit Judges, and GORDON, Senior District Judge.


Opinion for the Court filed by Circuit Judge WILLIAMS.

Dissenting opinion filed by Senior District Judge GORDON.

WILLIAMS, Circuit Judge:

A provision of the Federal Sector Labor-Management Relations Statute ("FSLMRS" or the "Statute"), 5 U.S.C. §§ 7101-7135 (1982), provides that a government agency commits an unfair labor practice if it "sponsor[s], control[s], or otherwise assist[s] any labor organization," unless the assistance is "customary...

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