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AIR FORCE v. FED. LABOR RELATIONS AUTHORITY

No. 10-1299.

648 F.3d 841 (2011)

UNITED STATES DEPARTMENT OF the AIR FORCE, 4th Fighter Wing, Seymour Johnson Air Force Base, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 27, 2011.

Attorney(s) appearing for the Case

Robert D. Kamenshine , Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the briefs were Tony West , Assistant Attorney General, and William Kanter , Attorney.

Joyce G. Friedman , Attorney, Federal Labor Relations Authority, argued the cause for respondent. With her on the brief was Rosa M. Koppel , Solicitor.

Before: ROGERS, GRIFFITH and KAVANAUGH, Circuit Judges.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Air Force petitions for review of the decision and order of the Federal Labor Relations Authority ("FLRA") that a union proposal for uniform cleaning is a negotiable condition of employment. Reversing its position before the FLRA, the Air Force contends that the proposal is non-negotiable because it would require the use of appropriated funds for a purpose not authorized by law. Section...

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