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AMERICAN FED. OF GOV. EMPLOY. v. FED. LABOR RELAT.

No. 01-9517.

288 F.3d 1238 (2002)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, Local 1592, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, Tenth Circuit.

May 1, 2002.

Attorney(s) appearing for the Case

Daniel Minahan, Minahan & Shapiro, P.C., Lakewood, CO, for Petitioner.

David M. Smith, Solicitor, William R. Tobey, Deputy Solicitor, James F. Blandford, Attorney, Federal Labor Relations Authority, Washington, D.C., for Respondent.

Before SEYMOUR, McKAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Appellant American Federation of Government Employees (the Federation) contests the decision of the Federal Labor Relations Authority (FLRA) to dismiss its negotiability appeal for failure to serve the "head of agency" as required by statute. See 5 U.S.C. § 7117(c)(2)(B). We have jurisdiction under 5 U.S.C. § 7123(a) and affirm.1

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