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AMERICAN FEDERATION OF GOV. EMPLOYEES v. NICHOLSON

No. 05-5365.

475 F.3d 341 (2007)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 446, Appellant v. R. James NICHOLSON, Secretary of Veterans Affairs, and Michael J. Kussman, M.D., M.S., M.A.C.P., Acting Under Secretary for Health for the Veterans Health Administration, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 16, 2007.

Attorney(s) appearing for the Case

Kevin M. Grile argued the cause for appellant. With him on the briefs were Charles A. Hobbie and Mark D. Roth.

Alan Burch, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant U.S. Attorney. Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, and SENTELLE and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge.

This case has its roots in a labor dispute between the Department of Veterans Affairs ("VA") Medical Center in Asheville, North Carolina, and the American Federation of Government Employees, AFL-CIO, Local 446, ("the Union"), which represents operating room nurses who work at the Asheville Medical Center. The Union secured an arbitration award in favor of the Asheville nurses,...

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