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AM. FED. OF GOV. EMP., LOCAL 3882 v. FLRA

No. 87-1723.

865 F.2d 1283 (1989)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3882, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, U.S. Department of Justice, Bureau of Prisons, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 24, 1989.

Attorney(s) appearing for the Case

Martin R. Cohen, with whom Mark D. Roth was on the brief, for petitioner.

William R. Tobey, Attorney, Federal Labor Relations Authority, with whom William E. Persina, Acting Sol., Washington, D.C., Federal Labor Relations Authority, was on the brief, for respondent. Elsa D. Newman, Attorney, Federal Labor Relations Authority, also entered an appearance for respondent.

Frederick Page Newton, Attorney, Dept. of Justice, with whom John R. Balton, Asst. Atty. Gen., and William Kanter, Attorney, Washington, D.C., Dept. of Justice, were on the brief, for intervenor. William C. Owen, Attorney, Dept. of Justice, also entered an appearance for intervenor.

Before EDWARDS and WILLIAMS, Circuit Judges, and JOHN W. REYNOLDS, Sr., District Judge.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In the order under review, the Federal Labor Relations Authority ("FLRA" or "Authority") dismissed a complaint alleging that the Department of Justice, Bureau of Prisons ("Bureau"), had committed an unfair labor practice. The petitioner, Local 3882 of the American Federation of Government Employees, AFL-CIO ("AFGE" or "Union"), had claimed that prison officials...

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