FED. BUR. OF PRISONS v. FED. LABOR RELATIONS AUTH.

No. 10-1089.

654 F.3d 91 (2011)

FEDERAL BUREAU OF PRISONS, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent American Federation of Government Employees, Council of Prison Locals, Council 33, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2011.


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 was William G. 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 William R. Tobey , Deputy Solicitor, entered an appearance.

David A. Borer and Judith Galat were on the brief for intervenor American Federation of Government Employees, Council of Prison Locals, Council 33 in support of respondent. Mark D. Roth entered an appearance.

Opinion for the Court filed by Circuit Judge GINSBURG.


GINSBURG, Circuit Judge:

The Federal Bureau of Prisons petitions for review of a decision of the Federal Labor Relations Authority holding the Bureau had a duty to bargain over its implementation of a "mission critical" standard for staffing federal correctional institutions. Because the Authority unreasonably concluded the mission critical standard is not "covered by" the collective bargaining agreement between the Bureau and its employees' union, we grant the petition...

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