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DEPT. OF HEALTH & HUMAN SERV. v. FLRA

No. 88-1867.

920 F.2d 45 (1990)

DEPARTMENT OF HEALTH AND HUMAN SERVICES FAMILY SUPPORT ADMINISTRATION, Washington, D.C., Department of Health and Human Services Headquarters Office, Washington, D.C. and Department of Health and Human Services Region VII, Kansas City, Missouri, Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 30, 1990.

Attorney(s) appearing for the Case

Michael J. Astrue, Gen. Counsel, Dept. of Health and Human Services, with whom Stuart M. Gerson, Asst. Atty. Gen., U.S. Dept. of Justice, David V. Foster, Sp. Asst. to the Gen. Counsel, and Barbara A. Myers, Atty., Dept. of Health and Human Services, were on the brief, for petitioners.

James F. Blandford, Atty., Federal Labor Relations Authority, with whom William E. Persina, Sol., and Arthur A. Horowitz, Associate Sol., Federal Labor Relations Authority, were on the brief, for respondent.

David F. Klein, Asst. Counsel, Nat. Treasury Employees Union, with whom Gregory O'Duden and Elaine Kaplan were on the brief, for intervenor. Lucinda A. Riley also entered an appearance for intervenor.

Before: SILBERMAN, HENDERSON, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The Department of Health and Human Services seeks review of a decision by the Federal Labor Relations Authority rejecting HHS's assertion of a compelling need for an agency-wide ban on smoking within HHS facilities and ordering HHS to bargain with local chapters of the National Treasury Employees Union (NTEU) regarding the agency's smoking regulations. The FLRA asks this court...

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