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NUCLEAR REGULATORY COM'N v. FED. LABOR REL. AUTH.

No. 88-2086.

895 F.2d 152 (1990)

NUCLEAR REGULATORY COMMISSION, Petitioner-Appellant, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent-Appellee, National Treasury Employees Union, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided February 2, 1990.

Attorney(s) appearing for the Case

Dennis Craig Dambly, Deputy Asst. Gen. Counsel Washington, D.C., for Admin. (William H. Briggs, Jr., Sol., E. Leo Slaggie, Deputy Sol., James E. Cradock, Sr. Atty., Washington, D.C., Office of the General Counsel, U.S. Nuclear Regulatory Com'n, on brief) for petitioner-appellant.

Jill Ann Griffin (William E. Persina, Acting Sol., Arthur A. Horowitz, Associate Sol., Federal Labor Relations Authority, on brief), Clinton Wolcott, Washington, D.C., for respondent-appellee.

Gregory O'Duden, Director of Litigation, Washington, D.C., Elaine Kaplan, Deputy Director of Litigation, Michele L. Rusen, Asst. Counsel, National Treasury Employees Union, on brief) for intervenor.

Before RUSSELL and MURNAGHAN, Circuit Judges, and STAKER, United States District Judge for the Southern District of West Virginia, sitting by designation.

MURNAGHAN, Circuit Judge:

This case presents a federal government labor dispute which has at its core a few simple issues. The National Treasury Employees Union ("Union") has presented several collective bargaining proposals to the Nuclear Regulatory Commission ("NRC"). The NRC has refused to negotiate, stating that by statute the subject matter of the proposals is within its exclusive purview as a government agency. The Federal Labor Relations Authority (FLRA) disagreed...

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