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U.S. DEPT. OF JUSTICE v. FEDERAL LABOR RELATIONS

Nos. 12-1383, 13-1067.

737 F.3d 779 (2013)

UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS FEDERAL CORRECTIONAL COMPLEX COLEMAN, FLORIDA, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. American Federation of Government Employees, Council of Prison Locals, Council 33, Local 506, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 17, 2013.

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 Stuart F. Delery , Assistant Attorney General, and Leonard Schaitman , Attorney.

Zachary R. Henige , Attorney, Federal Labor Relations Authority, argued the cause for respondent. On the brief were Rosa M. Koppel , Solicitor, and Barbara A. Sheehy , Attorney.

David A. Borer and Judith D. Galat were on the brief for intervenor American Federation of Government Employees, Council of Prison Locals, Council 33, Local 506 in support of respondent.

SILBERMAN, Senior Circuit Judge, concurring in part.

EDWARDS, Senior Circuit Judge:

The Petitioner in this case, the United States Department of Justice Federal Bureau of Prisons Federal Correctional Complex Coleman, Florida ("agency" or "BOP"), challenges a decision and order of the Federal Labor Relations Authority ("FLRA" or "Authority") regarding United States Penitentiary I, a high security facility in Coleman, Florida. Am. Fed'n of Gov't Emps. Council of Prison Locals 33 Local 506 (Union), 66 F.L.R.A. 819...

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