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U.S. DEPT. OF INT. v. FEDERAL LABOR REL. AUTH.

Nos. 96-2855, 97-1135.

132 F.3d 157 (1997)

UNITED STATES DEPARTMENT OF THE INTERIOR, Washington, D.C.; U.S. Geological Survey, Reston, Virginia, Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, National Federation of Federal Employees Local 1309, Intervenor. FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, National Federation of Federal Employees Local 1309, Intervenor, v. UNITED STATES DEPARTMENT OF THE INTERIOR, Washington, D.C.; U.S. Geological Survey, Reston, Virginia, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1997.

Attorney(s) appearing for the Case

ARGUED: Sushma Soni, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Petitioners. David Michael Smith, Solicitor, Federal Labor Relations Authority, Washington, DC, for Respondents. Elaine D. Kaplan, National Treasury Employees Union, Washington, DC, for Intervenor. ON BRIEF: Frank W. Hunger, Assistant Attorney General, John F. Daly, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Petitioners. James F. Blandford, Federal Labor Relations Authority, Washington, DC, for Respondents. Gregory O'Duden, General Counsel, National Treasury Employees Union, Washington, DC; Alice Bodley, Beins, Bodley, Axelrod & Kraft, Washington, DC, for Intervenor.

Before RUSSELL and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Petition for review granted and enforcement denied by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge RUSSELL and Judge MOTZ joined.

OPINION

PHILLIPS, Senior Circuit Judge:

The U.S. Geological Survey, of the Department of the Interior, ("Survey") petitions for review of a Federal Labor Relations Authority ("Authority") order finding that the Survey committed an unfair labor practice in violation of the Federal Service Labor...

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