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U.S. DEPT. OF COMMERCE v. FLRA

No. 92-1171.

7 F.3d 243 (1993)

UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL WEATHER SERVICE, SILVER SPRING, MD, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. National Weather Service Employees Organization, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 22, 1993.

As Amended November 1, 1993.

Attorney(s) appearing for the Case

Mark W. Pennak, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause for petitioner. With him on the briefs was William Kanter, Atty., U.S. Dept. of Justice.

David M. Smith, Sol., Federal Labor Relations Authority, Washington, DC, argued the cause for respondent. With him on the briefs were Arthur A. Horowitz, Deputy Sol. and Richard Zorn, Atty., Federal Labor Relations Authority, William Persina and William R. Tobey, Attys., Federal Labor Relations Authority, entered an appearance.

Richard J. Hirn, Gen. Counsel, Nat. Weather Service Employees Organization, Washington, DC, was on the brief for intervenor Nat. Weather Service Employees Organization.

Before: SILBERMAN, WILLIAMS, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The Department of Commerce, National Weather Service, petitions for review of a decision of the Federal Labor Relations Authority requiring the agency to bargain over a proposal advanced by the National Weather Service Employees Organization. The FLRA cross-petitioned for enforcement of its order. The agency argued for the first time before us that the proposal was non-negotiable...

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