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ASSOCIATION, CIV. TECH., N.Y. STATE COUNCIL v. FED. LABOR REL. AUTHORITY

No. 06-1354.

507 F.3d 697 (2007)

ASSOCIATION OF CIVILIAN TECHNICIANS, NEW YORK STATE COUNCIL, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 2007.

Attorney(s) appearing for the Case

Daniel M. Schember argued the cause and filed the briefs for petitioner.

James F. Blandford, Attorney, Federal Labor Relations Authority, argued the cause for respondent. With him on the brief was William R. Tobey, Deputy Solicitor.

Before: SENTELLE, TATEL and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Dissenting opinion filed by Circuit Judge TATEL.

SENTELLE, Circuit Judge:

The Association of Civilian Technicians, New York State Council ("the Union" or "the Association"), petitions for review of an order of the Federal Labor Relations Authority stemming from a grievance filed by the Union after the New York Division of Military and Naval Affairs implemented a state-wide smoking ban at its facilities...

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