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U.S. DEPT. OF HEALTH & HUMAN SERVICES v. F.L.R.A.

No. 86-2619.

844 F.2d 1087 (1988)

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO, Local 1923, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided April 19, 1988.

Attorney(s) appearing for the Case

Harold Jonathan Krent, Civil Div., Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., William Kanter, Civil Div., Dept. of Justice, Washington, D.C., on brief), for petitioner.

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

Stuart Alan Kirsch, American Federation of Government Employees, AFL-CIO (Mark Roth, Gen. Counsel, Washington, D.C., on brief), for intervenor.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, WILKINSON, and WILKINS, Circuit Judges, sitting in banc.

WILKINSON, Circuit Judge:

In 1983, the Office of Management and Budget issued the current version of its Circular A-76. The Circular establishes executive branch policy for the performance of commercial activities. It guides agency managers in deciding whether a given activity should be performed "in-house" by government workers or should be "contracted out" to the private sector.

In collective bargaining negotiations between the United States Department of...

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