U.S. DEPT. OF ENERGY v. FLRA

No. 86-2414.

880 F.2d 1163 (1989)

UNITED STATES DEPARTMENT OF ENERGY, Western Area Power Administration, Golden, Colorado, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. International Brotherhood of Electrical Workers, AFL-CIO, Local 640, 1245, 1759, 1959 and 2159, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 19, 1989.


Attorney(s) appearing for the Case

Katherine S. Gruenheck, Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., and William Kanter, Dept. of Justice, with her on the briefs), Washington, D.C., for petitioner.

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

Susan J. Tyburski and Donald P. MacDonald of Hornbein, MacDonald, & Fattor, P.C., and Elihu Leifer of Sherman, Dunn, Cohen, Leifer & Counts, for amicus curiae.

Before SEYMOUR and EBEL, Circuit Judges, and RUSSELL, District Judge.


EBEL, Circuit Judge.

This is an appeal from a determination by the Federal Labor Relations Authority (the "FLRA"). Petitioner, Western Area Power Administration ("WAPA"), seeks to have us set aside the FLRA's decision that WAPA committed unfair labor practices by refusing to bargain over wages with certain supervisors within a bargaining unit recognized by the FLRA. Because we find that the FLRA improperly included the supervisors in the bargaining unit, we reverse...

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