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AMERICAN FED. OF GOV. EMP., LOCAL 3306 v. FLRA

No. 1529, Docket 93-4009.

2 F.3d 6 (1993)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3306, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, and Department of Veterans Affairs, Intervenor.

United States Court of Appeals, Second Circuit.

Decided August 4, 1993.

Attorney(s) appearing for the Case

Martin R. Cohen, Asst. Gen. Counsel, AFGE, Bala Cynwyd, PA (Mark D. Roth, Gen. Counsel, AFGE, Washington, DC, on the brief), for petitioner.

Frederick M. Herrera, FLRA, Washington, DC (David M. Smith, Sol., William R. Tobey, Deputy Sol., FLRA, on the brief), for respondent.

Douglas Ross, Dept. of Justice, Civ. Div., Washington, DC (Stuart E. Schiffer, Acting Asst. Atty. Gen., William Kanter, Dept. of Justice, on the brief), for intervenor Dept. of Veterans Affairs.

Before: NEWMAN, Chief Judge, FEINBERG, Circuit Judge, and KELLEHER, District Judge.

JON O. NEWMAN, Chief Judge:

This appeal concerns the jurisdiction of the Federal Labor Relations Authority ("FLRA") in relation to the Department of Veterans Affairs ("DVA"). The specific issue is whether the FLRA may adjudicate a claim that DVA's peer review procedure for professional employees involved an unfair labor practice under the Federal Sector Labor Management Relations Statute ("FSLMRS"), 5 U.S.C.A. §§ 7101-7135 (1980 & West Supp. 1993). The...

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