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U.S. DEPT. OF JUSTICE v. FLRA

Nos. 88-7166, 88-7205.

881 F.2d 636 (1989)

U.S. DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, Respondent-Intervenor. FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided July 27, 1989.

Attorney(s) appearing for the Case

John R. Bolton, Asst. Atty. Gen., Gregory C. Sisk, Atty., I.N.S., Washington, D.C., for petitioner-respondent.

William E. Persina, Acting Sol., James F. Blandford, Atty., Federal Labor Relations Authority, Washington, D.C., for respondent-petitioner.

Martin R. Cohen, American Federation of Government Employees, Philadelphia, Pa., for respondent-intervenor.

Before HUG, HALL and WIGGINS, Circuit Judges.

HUG, Circuit Judge:

This case concerns the question of whether the Immigration and Naturalization Service is required to bargain with the employees' union over the type of trousers that may be worn as a part of the official service uniform. We hold that the designation of the components of the official uniform is a management right preserved to the employing agency by the applicable federal statute.

I.

The Immigration and Naturalization Service ...

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