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PATENT OFFICE PROFESSIONAL ASS'N v. FLRA

Nos. 93-1255, 93-1293.

26 F.3d 1148 (1994)

PATENT OFFICE PROFESSIONAL ASSOCIATION, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. UNITED STATES DEPARTMENT OF COMMERCE, PATENT AND TRADEMARK OFFICE, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1994.

Rehearing and Suggestion for Rehearing Denied September 2, 1994.

Attorney(s) appearing for the Case

Joseph V. Kaplan, Washington, DC, argued the cause and filed the briefs, for petitioner Patent Office Professional Ass'n in No. 93-1255.

Howard S. Scher, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause, for petitioner U.S. Dept. of Commerce, Patent and Trademark Office in No. 93-1293. With him on the briefs were Frank W. Hunger, Asst. Atty. Gen., and William Kanter, Atty., U.S. Dept. of Justice, Washington, DC.

David M. Smith, Solicitor, Federal Labor Relations Authority, Washington, DC, argued the cause, for respondent. With him on the brief were Arthur A. Horowitz, Associate Solicitor, Richard Zorn and Wendy B. Bader, Attys., Federal Labor Relations Authority, Washington, DC.

Before: EDWARDS, GINSBURG and HENDERSON, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied September 2, 1994.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case arises from a dispute between the Patent and Trademark Office, Department of Commerce ("PTO" or "Agency"), and the Patent Office Professional Association ("POPA" or "Union") over the negotiability of proposed contract provisions covering employee performance appraisals. At issue here...

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