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DEPT. OF DEFENSE, OFFICE OF DEP. SCHOOLS v. FLRA

No. 87-3642.

879 F.2d 1220 (1989)

DEPARTMENT OF DEFENSE, OFFICE OF DEPENDENTS SCHOOLS, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1989.

Attorney(s) appearing for the Case

Howard Stanley Scher (William Kanter, Civ. Div., Dept. of Justice, John R. Bolton, Asst. Atty. Gen., Washington, D.C., William C. Owen, Labor Management Relations Justice Management Div., on brief) for petitioner.

William Reed Tobey (William E. Persina, Acting Sol., Arthur A. Horowitz, Associate Sol., Federal Labor Relations Authority, Washington, D.C., on brief), for respondent.

Before ERVIN, Chief Judge, PHILLIPS, Circuit Judge, and Richard L. WILLIAMS, United States District Judge for the Eastern District of Virginia, sitting by designation.

PHILLIPS, Circuit Judge:

The Department of Defense, Office of Dependent Schools (DODDS) appeals a final order of the Federal Labor Relations Authority (FLRA), dismissing a negotiability appeal by an employees' union on the grounds that because the agency head of DODDS had no authority to disapprove on nonnegotiability grounds the terms of a nonvoluntarily arbitrated collective bargaining agreement, there was no basis for the union's attempted negotiability appeal...

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