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U.S. DEPT. OF INTERIOR v. FLRA

No. 93-1213.

26 F.3d 179 (1994)

UNITED STATES DEPARTMENT OF the INTERIOR, Bureau of Reclamation, Upper Colorado Region, Colorado River Storage Project Power Operations Office; United States Department of the Interior, Bureau of Reclamation, Great Plains Region, Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 24, 1994.

Attorney(s) appearing for the Case

Edward Himmelfarb, U.S. Dept. of Justice, Washington, DC, argued the cause, for petitioners. With him on the briefs were Frank W. Hunger, Asst. Atty. Gen., and William Kanter, U.S. Dept. of Justice, Washington, DC.

William E. Persina, Federal Labor Relations Authority, Washington, DC, argued the cause, for respondent. With him on the brief were David M. Smith, Sol., and Frederick M. Herrera, Federal Labor Relations Authority, Washington, DC.

Before: EDWARDS, GINSBURG, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In 1990, the Bureau of Reclamation ("Bureau"), a division of the Department of the Interior ("DOI"), unilaterally removed certain supervisors from two bargaining units that historically had been "mixed," i.e., consisting of supervisory and non-supervisory personnel. The unions representing the supervisors filed grievances, charging that DOI's failure to give notice...

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