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AMERICAN FEDERATION OF STATE, COUNTY v. FLRA

No. 04-1021.

395 F.3d 443 (2005)

AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES CAPITAL AREA COUNCIL 26, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 2005.

Attorney(s) appearing for the Case

Sarah J. Starrett argued the cause for petitioner. With her on the briefs was Barbara J. Kraft.

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

Before: RANDOLPH, ROGERS, and ROBERTS, Circuit Judges.

ROBERTS, Circuit Judge.

Petitioner American Federation of State, County & Municipal Employees Council 26 ("the Union") challenges an order of the Federal Labor Relations Authority. The Union charged the Federal Aviation Administration before the FLRA with engaging in an unfair labor practice when it refused to execute an agreement reached by the two parties. The Authority dismissed the complaint, finding that the agreement was only tentative and therefore not...

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