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DEPT. OF COMMERCE v. FEDERAL LABOR RELATIONS AUTH.

No. 11-1019.

672 F.3d 1095 (2012)

UNITED STATES DEPARTMENT OF COMMERCE, PATENT AND TRADEMARK OFFICE, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. Patent Office Professional Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 16, 2012.

Attorney(s) appearing for the Case

Howard S. Scher , Attorney, United States Department of Justice, argued the cause for the petitioner. Tony West , Assistant Attorney General, and William Kanter and Thomas M. Bondy , Attorneys, were on brief.

Rosa M. Koppel , Solicitor, Federal Labor Relations Authority, argued the cause for the respondent. Joyce G. Friedman , Attorney, Federal Labor Relations Authority, entered an appearance.

Richard J. Hirn argued the cause for intervenor Patent Office Professional Association in support of the respondent.

Gregory O'Duden , Larry J. Adkins , Peyton H.N. Lawrimore , Andres M. Grajales and Teresa J. Idris were on brief for the amici curiae, American Federation of Government Employees et al. in support of the respondent.

Opinion concurring in the judgment filed by Circuit Judge ROGERS.

KAREN LECRAFT HENDERSON, Circuit Judge:

The Patent and Trademark Office of the United States Department of Commerce (PTO or Agency) seeks review of a decision of the Federal Labor Relations Authority (FLRA or Authority) upholding an arbitrator's award in favor of the Patent Office Professional Association (POPA or Union). U.S. Dep't of Commerce Patent & Trademark Office, 65 F.L.R.A. 290 (2010) (PTO II). The arbitrator concluded PTO committed an unfair...

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