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U.S. DEPT. OF JUSTICE v. FLRA

Nos. 91-1293, 91-1634 and 92-1062.

988 F.2d 1267 (1993)

UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF PRISONS, ALLENWOOD FEDERAL PRISON CAMP, MONTGOMERY, PENNSYLVANIA, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO, Local 476, Intervenor. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 1993.

Attorney(s) appearing for the Case

Michael S. Raab, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., and Mark B. Stern, Atty., Dept. of Justice, Washington, DC, were on the brief, for petitioner. William Kanter and Lori M. Beranek, Attys., Dept. of Justice, Washington, DC, also entered appearances for petitioner.

William E. Persina, Atty., Federal Labor Relations Authority, with whom David M. Smith, Sol., Federal Labor Relations Authority, Washington, DC, was on the brief, for respondent. William R. Tobey, Arthur A. Horowitz, and Richard Zorn, Attys., Federal Labor Relations Authority, Washington, DC, also entered appearances for respondent.

Mark D. Roth, Charles A. Hobbie, and Alexia McCaskill, Washington, DC, entered appearances for intervenor American Federation of Government Employees, AFL-CIO.

Before BUCKLEY, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

In each of these consolidated petitions, a government agency challenges Federal Labor Relations Authority ("FLRA" or "Authority") rulings that it must disclose a "crediting plan," which specifies employment criteria for particular positions, to a union seeking the plan to help it determine whether a union member who was an unsuccessful applicant for a position involving the plan...

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