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AMERICAN FED. OF GOV. EMP. , AFL-CIO (AFGE), COUNCIL 147 v. FEDERAL LABOR RELAT. AUTHORITY

No. 98-70912.

204 F.3d 1272 (2000)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (AFGE), COUNCIL 147, Petitioner, Social Security Administration, Respondent-Intervenor, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2000.

Attorney(s) appearing for the Case

Kevin M. Grile (argued), American Federation of Government Employees, AFL-CIO, Chicago, Illinois, for the petitioner.

David M. Smith (argued) and Ann M. Boehm, Federal Labor Relations Authority, Washington, D.C., for the respondent.

Alfred R. Mollin (argued), United States Department of Justice, Washington, D.C., for the intervenor.

Before: WIGGINS, O'SCANNLAIN, and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

We must decide whether a district office of the Social Security Administration (the "Agency") committed an unfair labor practice when it refused to bargain over staffing levels pursuant to section 7106(b)(1) of the Federal Service Labor-Management Relations Statute (the "Statute"). Although section 7106(b)(1) only provides for bargaining "at the election of the agency," the American Federation of Government Employees, AFL-CIO,...

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