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COLORADO NURSES ASS'N v. F.L.R.A.

Nos. 87-1104, 87-1242.

851 F.2d 1486 (1988)

COLORADO NURSES ASSOCIATION, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. VETERANS ADMINISTRATION MEDICAL CENTER, FT. LYONS, COLORADO, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, Colorado Nurses Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 1988.

Attorney(s) appearing for the Case

Christine R. Whittaker, Atty., U.S. Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., and Marc Richman, Atty., U.S. Dept. of Justice, Washington, D.C., were on the brief, for petitioner Veterans Admin. Medical Center. William Kanter, Atty., U.S. Dept. of Justice, Washington, D.C., also entered an appearance for petitioner.

George Kaufmann, with whom Joseph E. Kolick, Jr., Washington, D.C., was on the briefs, for petitioner/intervenor Colorado Nurses Ass'n.

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

Patrick J. Riley, Washington, D.C., was on the brief for amicus curiae National Federation of Federal Employees, urging affirmance.

Before BUCKLEY and WILLIAMS, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

This case concerns the negotiability of six proposals presented by the Colorado Nurses Association to the Veterans Administration Medical Center in Fort Lyons, Colorado. The Federal Labor Relations Authority held that two of the six proposals are non-negotiable under the Federal Service Labor-Management Relations Act. Both parties petitioned for review. Because we find that Congress...

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