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DEPT. OF AIR FORCE v. FLRA

No. 15-1208.

844 F.3d 957 (2016)

United States DEPARTMENT OF the AIR FORCE, Luke Air Force Base, Arizona, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent American Federation of Government Employees, Local 1547, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 2016.

Attorney(s) appearing for the Case

Mark W. Pennak , Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Leonard Schaitman and H. Thomas Byron , Attorneys.

Zachary R. Henige , Deputy Solicitor, Federal Labor Relations Authority, argued the cause for respondent. With him on the brief were Fred B. Jacob , Solicitor, and Stephanie J. Fouse , Attorney.

David A. Borer , Washington, DC, Andres M. Grajales , Brooklyn, NY, and Mark L. Vinson , Houston, TX, were on the brief for intervenor American Federation of Government Employees, Local 1547 in support of respondent. Judith D. Galat entered an appearance.

Before: Tatel, Circuit Judge, and Edwards and Ginsburg, Senior Circuit Judges.

The Federal Labor Relations Authority ordered the Air Force to bargain collectively with its civilian employees over access to an on-base shoppette — a gas station and convenience store that forms part of the military's network of commissaries and exchanges. The Air Force challenges that decision, arguing, among other...

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