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DEPARTMENT OF ARMY v. F.L.R.A.

No. 93-1655.

56 F.3d 273 (1995)

DEPARTMENT OF the ARMY, United States Army Commissary, Fort Benjamin Harrison, Indianapolis, Indiana; Department of the Army, Finance and Accounting Office, Fort Sam Houston, Texas, Petitioners v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. American Federation of Government Employees Local # 1411, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1995.

Rehearing and Suggestion for Rehearing Denied August 9, 1995.

Attorney(s) appearing for the Case

Matthew M. Collette, Atty., U.S. Dept. of Justice, argued the cause for petitioners. With him on the briefs were Frank W. Hunger, Asst. Atty. Gen., and William G. Kanter, Atty., U.S. Dept. of Justice.

William E. Persina, Atty., Federal Labor Relations Authority, argued the cause for respondent. With him on the brief was William R. Tobey, Deputy Sol., Federal Labor Relations Authority. Frederick M. Herrera, Arthur A. Horowitz, and David M. Smith, entered appearances for respondent.

Judith D. Galat and Mark D. Roth, entered appearances for intervenor.

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

Rehearing and Suggestion for Rehearing In Banc Denied August 9, 1995.

GINSBURG, Circuit Judge:

In response to a direction from the Department of the Army, the Army Finance and Accounting Office (FAO) at Fort Sam Houston increased from 10 to 12 days the lag between pay period and payment for certain Army employees. Because this new policy was not announced in advance to the commissary employees at Fort Benjamin Harrison, a number of them had insufficient funds...

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