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DEPARTMENT OF VETERANS AFFAIRS v. FLRA

Nos. 92-9528, 92-9531.

3 F.3d 1386 (1993)

DEPARTMENT OF VETERANS AFFAIRS, Department of Veterans Affairs Medical Center, Denver, Colorado, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, and American Federation of Government Employees, Local 2241, Intervenor.

United States Court of Appeals, Tenth Circuit.

August 30, 1993.

Attorney(s) appearing for the Case

Jeffrica Jenkins Lee, Atty. (William Kanter, Atty., Appellate Staff and Stuart M. Gerson, Asst. Atty. Gen., with her on the brief), Dept. of Justice, Washington, DC, for petitioner.

Wendy B. Bader, Atty. (William E. Persina, Sol., William R. Tobey, Deputy Sol., and Arthur A. Horowitz, Associate Sol., with her on the brief), Federal Labor Relations Authority, Washington, DC, for respondent.

Kevin M. Grile, Asst. Gen. Counsel (Mark D. Roth, Gen. Counsel, Washington, DC, with him on the brief), American Federation of Government Employees, AFL-CIO, Chicago, IL, for intervenor.

Before LOGAN and MOORE, Circuit Judges, and McWILLIAMS, Senior Circuit Judge.

McWILLIAMS, Senior Circuit Judge.

These two petitions were consolidated for briefing and hearing in this court because each involved the question of whether the petitioner committed an unfair labor practice by not affording the labor union notice and an opportunity to be represented at a "formal discussion" concerning a "grievance", as those terms are used in 5 U.S.C. § 7114(a)(2)(A), between representatives of a federal agency and employees in the agency's bargaining...

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