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U.S. DEPT. OF HEALTH AND HUMAN SERVICES v. FLRA

Nos. 87-1595, 87-1832.

858 F.2d 1278 (1988)

UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, and National Treasury Employees Union, Intervenor-Respondent. FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided October 6, 1988.

Attorney(s) appearing for the Case

Peter R. Maier, Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, D.C., (Nicholas S. Zeppos, William Kanter, of counsel), for petitioner.

Arthur A. Horowitz, Federal Labor Relations Authority, Michael J. McAuley, National Treasury Employees Union, Washington, D.C., for respondent.

Before WOOD, Jr., FLAUM and KANNE, Circuit Judges.

FLAUM, Circuit Judge.

The Department of Health and Human Services ("HHS") appeals from an order issued by the Federal Labor Relations Authority ("FLRA") requiring HHS to collectively bargain with the National Treasury Employees Union ("NTEU") over a proposal that would subject to binding arbitration all adverse employment action1 taken with respect to nonpreference excepted service employees.2 We reverse.<...

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