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N.L.R.B. v. FEDERAL LABOR RELATIONS AUTHORITY

Nos. 09-1119, 09-1148.

613 F.3d 275 (2010)

NATIONAL LABOR RELATIONS BOARD, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. National Labor Relations Board Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 2010.

Attorney(s) appearing for the Case

Howard S. Scher, Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the briefs were William G. Kanter, Attorney, and Ronald E. Meisburg, General Counsel, National Labor Relations Board.

Rosa M. Koppel, Solicitor, Federal Labor Relations Authority, argued the cause for respondent. With her on the brief were William R. Tobey, Deputy Solicitor, and James F. Blandford, Attorney.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge.

The National Labor Relations Board petitions for review of an order of the Federal Labor Relations Authority holding the Board engaged in an unfair labor practice, in violation of the Federal Services Labor-Management Relations Statute, 5 U.S.C. § 7116(a)(5). The Authority cross-petitions for enforcement of its order. The Authority held the Board unlawfully refused to negotiate with the intervenor...

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