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NATIONAL ASS'N OF GOVERNMENT EMPLOYEES v. FLRA

Nos. 98-1313, 98-1317 and 98-1377.

179 F.3d 946 (1999)

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, INC., Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. Department of Veterans Affairs Medical Center, Lexington, Kentucky, Intervenor. National Association of Government Employees, Local R1-8, Petitioner, v. Federal Labor Relations Authority, Respondent. Department of the Air Force, 647th Air Base Group, Hanscom Air Force Base, Massachusetts, Intervenor. Patent Office Professional Association, Petitioner, v. Federal Labor Relations Authority, Respondent. United States Department of Commerce, Patent and Trademark Division, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 1999.

Attorney(s) appearing for the Case

Robert H. Shriver, III argued the cause for the petitioners. Gregory O'Duden and Barbara A. Atkin were on brief for petitioner Patent Office Professional Association. Neil C. Bonney was on brief for petitioners National Association of Government Employees, Inc. and National Association of Government Employees, Local R1-8.

David M. Smith, Solicitor, Federal Labor Relations Authority, argued the cause for the respondent. William R. Tobey, Deputy Solicitor, and Ann M. Boehm, Attorney, Federal Labor Relations Authority, were on brief for the respondent.

Alfred Mollin, Counsel, United States Department of Justice, argued the cause for the intervenors. David W. Ogden, Acting Assistant Attorney General, and William Kanter, Deputy Director, United States Department of Justice, were on brief for the intervenors.

Mark D. Roth, Charles A. Hobbie and Kevin M. Grile were on brief for amicus curiae American Federation of Government Employees, AFL-CIO.

Before: HENDERSON, RANDOLPH and GARLAND, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The petitioners, labor unions representing federal employees, seek review of the decisions of the Federal Labor Relations Authority (FLRA or Authority) that three federal agencies did not commit unfair labor practices when they refused to bargain over matters covered by section 7106(b)(1) of the Federal Service Labor-Management Relations Statute (FSLMRS...

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