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U.S. DEPT. OF NAVY v. FLRA

No. 91-1182.

962 F.2d 1066 (1992)

UNITED STATES DEPARTMENT OF the NAVY, United States Marine Corps, Washington, D.C., Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, Council of Marine Corps Locals (C-240), Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 8, 1992.

Attorney(s) appearing for the Case

Malcolm L. Stewart, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., and Mark B. Stern, Atty., were on the brief, for petitioner. William Kanter, Atty., Dept. of Justice, also entered an appearance, for petitioner.

William R. Tobey, Deputy Sol., Federal Labor Relations Authority, with whom William E. Persina, Sol., and James H. Adams, Atty., entered appearances, for respondent. Denise Morelli, Atty., Federal Labor Relations Authority, also entered an appearance, for respondent.

Stuart A. Kirsch and Mark D. Roth, were on the brief, for intervenor.

Before MIKVA, Chief Judge, RUTH BADER GINSBURG and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The Marine Corps required some of its civilian employees to carry electronic paging devices, or "beepers," while they were off-duty and to telephone the base when paged. During negotiations over a national master labor agreement, the union representing these employees, the American Federation of Government Employees, Council of Marine Locals, requested bargaining about whether...

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