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FLRA v. U.S. DEPT. OF NAVY, NAVAL COM. UNIT

Nos. 90-1948, 90-1949, 90-2014, 90-2015.

941 F.2d 49 (1991)

FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, v. U.S. DEPARTMENT OF the NAVY, NAVAL COMMUNICATIONS UNIT CUTLER, EAST MACHIAS, MAINE, Respondent. American Federation of Government Employees, Intervenor. FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, v. U.S. DEPARTMENT OF the NAVY, PORTSMOUTH NAVAL SHIPYARD, PORTSMOUTH, NEW HAMPSHIRE, Respondent. American Federation of Government Employees, Intervenor. U.S. DEPARTMENT OF the NAVY, PORTSMOUTH NAVAL SHIPYARD, PORTSMOUTH, NEW HAMPSHIRE, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. American Federation of Government Employees, Intervenor. U.S. DEPARTMENT OF the NAVY, NAVAL COMMUNICATIONS UNIT CUTLER, EAST MACHIAS, MAINE, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. American Federation of Government Employees, Intervenor.

United States Court of Appeals, First Circuit.

Decided August 13, 1991.

Attorney(s) appearing for the Case

Sandra Wien Simon, Appellate Staff, Civil Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., and Leonard M. Schaitman, Appellate Staff, Civil Div., Dept. of Justice, were on brief, Washington, D.C., for the U.S. Dept. of Navy.

William E. Persina, Sol., with whom William R. Tobey, Deputy Sol., and Pamela P. Johnson were on brief, Washington, D.C., for the Federal Labor Relations Authority.

Stuart A. Kirsch, Asst. Gen. Counsel-Litigation, with whom Mark D. Roth, Gen. Counsel, was on brief, Washington, D.C., for intervenor.

Gregory O'Duden, Director of Litigation, and Elaine Kaplan, Deputy Director of Litigation, on brief, Washington, D.C., for the Nat. Treasury Employees Union, amicus curiae.

Before CAMPBELL, Circuit Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

In these two cases, consolidated for review in this court, the International Federation of Professional and Technical Engineers, Local 4, filed unfair labor practice charges against the Department of the Navy, Portsmouth Naval Shipyard, while the Maine and American Federation of Government Employees, Local 2635, filed similar charges against the Department of the Navy, Naval Communications Unit Cutler.1

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