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FLRA v. DEPARTMENT OF COMMERCE

Nos. 90-1852, 90-1859.

954 F.2d 994 (1992)

FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, v. DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration; National Ocean Service, Respondents, National Treasury Employees Union, Amicus Curiae. DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration; National Ocean Service, Petitioners, v. LABOR RELATIONS AUTHORITY, Respondent, National Treasury Employees Union, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 24, 1992.

Attorney(s) appearing for the Case

William Eugene Persina, Sol., Federal Labor Relations Authority, Washington, D.C., argued (William R. Tobey, Deputy Sol., Pamela P. Johnson, Federal Labor Relations Authority, on brief), for petitioner.

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

Sandra Wien Simon, Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Leonard M. Schaitman, Civ. Div., on brief), for respondents.

Before WIDENER and SPROUSE, Circuit Judges, and MURRAY, Senior District Judge for the District of Maryland, sitting by designation.

OPINION

SPROUSE, Circuit Judge:

This appeal concerns a complaint filed by the Marine Engineers Beneficial Association District No. 1 (the "Union"), the exclusive representative of several units of marine engineers employed by the Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service. In a proceeding before the Federal Labor Relations Authority (the "FLRA"), the Union charged the Department of Commerce with unfair...

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