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FEDERAL LABOR RELATIONS AUTHORITY v. N.A.S.A.

Nos. 95-6630, 95-6690.

120 F.3d 1208 (1997)

FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, Washington, D.C., and National Aeronautics and Space Administration, Office of the Inspector General, Washington, D.C., Respondents, American Federation of Government Employees, AFL-CIO, Intervenor. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, Washington, D.C., and National Aeronautics and Space Administration, Office of the Inspector General, Washington, D.C., Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO, Intervenor.

United States Court of Appeals, Eleventh Circuit.

September 2, 1997.

Attorney(s) appearing for the Case

David M. Smith, Solicitor, FLRA, Ann Boehm, Washington, DC, Howard S. Scher, U.S. Dept. of Justice, Appellate Staff, Civil Division, Washington, DC, for Federal Labor Relations Authority.

William Kanter, John P. Schnitker, U.S. Dept. of Justice, Appellate Staff Civil Division, Washington, DC, for N.A.S.A.

Mark D. Roth, General Counsel, Alexia F. McCaskill, Asst. General Counsel, Charles A. Hobbie, Deputy General Counsel, American Federation of Government Employees, Washington, DC, for Intervenor American Federation of Government Employees.

Stuart A. Kirsch, Assistant General Counsel Litigation, American Federation of Government Employees, College Park, GA, for Intervenor in No. 95-6630.

Before COX, Circuit Judge, KRAVITCH, Senior Circuit Judge, and STAGG, Senior District Judge.

KRAVITCH, Senior Circuit Judge:

The Federal Service Labor-Management Relations Statute, 5 U.S.C. §§ 7101, et seq., ("FSLMRS" or the "Statute") grants federal employees the right to be represented by a union representative at an investigatory examination conducted by "a representative of the agency" if the employee reasonably believes that the examination may result in disciplinary action. 5 U.S.C. § 7114(a)(2)(B). We must decide, in the face...

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