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AMERICAN FEDERATION OF GOV'T EMPLOYEES v. SHINSEKI

No. 11-5359.

709 F.3d 29 (2013)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3669, Appellee v. Eric K. SHINSEKI, Secretary for the U.S. Department of Veterans Affairs and Robert A. Petzel, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 2013.

Attorney(s) appearing for the Case

Andrea McBarnette , Assistant U.S. Attorney, argued the cause for appellants. With her on the briefs were Ronald C. Machen, Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Martin R. Cohen argued the cause and filed the brief for appellee. David A. Borer entered an appearance.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

SENTELLE, Senior Circuit Judge.

The American Federation of Government Employees, AFL-CIO, Local 3669 ("the Union"), asserted unfair labor practice charges against the Department of Veterans Affairs ("VA") on behalf of two nurses at a VA medical center. The VA determined that the charges were covered by the nurses' statutory right of "collective bargaining" but that they "ar[ose] out of... professional conduct or competence" within the meaning of 38 U.S.C. § 7422...

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