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U.S. OFFICE OF PERSONNEL MANAGEMENT v. FLRA

Nos. 88-1901, 88-1902.

905 F.2d 430 (1990)

UNITED STATES OFFICE OF PERSONNEL MANAGEMENT, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO, Local 32, Intervenor. UNITED STATES NUCLEAR REGULATORY COMMISSION, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 1990.

Attorney(s) appearing for the Case

Mark W. Pennak, Atty., Dept. of Justice, Washington, D.C., for petitioners. Stuart M. Gerson, Asst. Atty. Gen., William Kanter and Victoria F. Nourse, Attys., Dept. of Justice, Washington, D.C., were on the brief, for petitioners in No. 88-1901 and No. 88-1902.

William R. Tobey, Atty., for Federal Labor Relations Authority, with whom William E. Persina, Sol., and Arthur A. Horowitz, Associate Sol., Washington, D.C., were on the brief, for respondent in both cases. Jill A. Griffin, Washington, D.C., also entered an appearance, for respondent.

David F. Klein, with whom, Gregory O'Duden, Washington, D.C., was on the brief, for intervenor Nat. Treasury Employees Union in No. 88-1902.

Phillip R. Kete, Takoma Park, Md., was on the brief, for intervenor American Federation of Government Employees, AFL-CIO, Local 32, in No. 88-1901.

Before RUTH BADER GINSBURG, SILBERMAN, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Separate concurring opinion filed by Circuit Judge SILBERMAN.

SENTELLE, Circuit Judge:

The Office of Personnel Management ("OPM") and the Nuclear Regulatory Commission ("NRC") (collectively "petitioners") challenge decisions of the Federal Labor Relations Authority ("FLRA" or the "Authority") declaring that proposals of the American Federation of Government Employees, Local 32 and the National...

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