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WEST POINT ELEMENTARY SCHOOL TEACHERS v. F.L.R.A.

Nos. 861, 1097, 1185, Docket 87-4149, 88-4007 and 88-4051.

855 F.2d 936 (1988)

WEST POINT ELEMENTARY SCHOOL TEACHERS ASSOCIATION, Petitioner Cross-Respondent, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent Cross-Petitioner. UNITED STATES MILITARY ACADEMY ELEMENTARY SCHOOL, WEST POINT, NEW YORK, Petitioner Cross-Respondent, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent Cross-Petitioner, West Point Elementary School Teachers Association, Intervenor.

United States Court of Appeals, Second Circuit.

Decided August 24, 1988.

Attorney(s) appearing for the Case

Richard J. Hirn, Washington, D.C. (Deborah Watarz, Schilian, La Penta, Watarz & Gulmi, New York City of counsel) for petitioner cross-respondent intervenor West Point Elementary School Teachers Ass'n.

Marc Richman, Attorney, Appellate Staff Civ. Div. (Richard K. Willard, Asst. Atty. Gen., William Kanter, Attorney, Appellate Staff Civ. Div., Dept. of Justice; William Trivette, Office of the Judge Advocate General, Dept. of the Army, Washington, D.C., of counsel) for petitioner cross-respondent U.S. Military Academy Elementary School.

Jill A. Griffin, Attorney (Ruth E. Peters, Solicitor; William E. Persina, Deputy Solicitor; James F. Blandford, Attorney, Federal Labor Relations Authority, Washington, D.C., of counsel) for respondent cross-petitioner Federal Labor Relations Authority.

Before VAN GRAAFEILAND, NEWMAN and MINER, Circuit Judges.

MINER, Circuit Judge:

Petitioner West Point Elementary School Teachers Association (the "Union") seeks review of a decision and order of the Federal Labor Relations Authority ("FLRA"), which held that the Union's proposals to negotiate over the use of personal service contracts, the accommodation of employee preferences in assigning extracurricular duties and the school calendar are not subject to the duty to bargain under the Federal Service Labor Management Relations...

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