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AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES v. FLRA

No. 95-1593.

110 F.3d 810 (1997)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 32, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, Office of Personnel Management, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 18, 1997.

Rehearing Denied June 5, 1997.

Attorney(s) appearing for the Case

Kevin M. Grile, argued the cause for petitioner, with whom Mark D. Roth and Charles A. Hobbie, Washington, DC, were on the briefs.

David M. Smith, Solicitor, Federal Labor Relations Authority, argued the cause for respondent, with whom William R. Tobey, Deputy Solicitor, and James F. Blandford, Attorney, Washington, DC, were on the brief.

Mark W. Pennak, Attorney, United States Department of Justice, argued the cause for intervenor, with whom Frank W. Hunger, Assistant Attorney General, and William Kanter, Deputy Director, Washington, DC, were on the brief.

H. Stephan Gordon, Silver Spring, MD, was on the brief for amicus curiae National Federation of Federal Employees.

Before: SILBERMAN, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

This is a petition for review of a Federal Labor Relations Authority ("FLRA" or "Authority") decision that a bargaining proposal from Local 32 of the American Federation of Government Employees ("Union") is outside the Office of Personnel Management's ("OPM" or "Agency") duty to negotiate. The Authority found the proposal non-negotiable because it directly implicates and purports...

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