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DHHS, INDIAN HEALTH SERVICE, OKL. CITY v. FLRA

No. 88-1304.

885 F.2d 911 (1989)

DEPARTMENT OF HEALTH AND HUMAN SERVICES, INDIAN HEALTH SERVICE, OKLAHOMA CITY, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, The National Federation of Federal Employees, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 15, 1989.

Attorney(s) appearing for the Case

Robert D. Kamenshine, Atty., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen. and William Kanter, Atty., Dept. of Justice, Washington, D.C., were on the brief, for petitioner.

Irene M. Solet, Washington, D.C., also entered an appearance, for petitioner.

James F. Blandford, Atty., Federal Labor Relations Authority, with whom William E. Persina, Acting Sol. and Arthur A. Horowitz, Associate Sol., Federal Labor Relations Authority, Washington, D.C., were on the brief, for respondent.

Ruth E. Peters, Washington, D.C., also entered an appearance, for respondent.

H. Stephen Gordon, Gen. Counsel, Nat. Federation of Federal Employees, Alice L. Bodley, Deputy Gen. Counsel, Nat. Federation of Federal Employees, and Anne L. Morgan, Atty., Nat. Federation of Federal Employees, Washington, D.C., were on the brief, for intervenor.

Bruce P. Heppen, Washington, D.C., also entered an appearance, for intervenor.

Before WALD, Chief Judge, MIKVA, Circuit Judge, and HAROLD H. GREENE, District Judge.

Opinion for the Court filed by District Judge HAROLD H. GREENE.

HAROLD H. GREENE, District Judge:

This case involves a conflict between the authority of a federal agency unilaterally to decree a smoking ban on premises occupied by its employees while at work and its duty to engage in collective bargaining with these employees. The Federal Labor Relations Authority (FLRA) determined that the agency's imposition of the ban without prior collective bargaining...

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