U.S. DEPT. OF JUSTICE v. FLRA

No. 16-1301.

875 F.3d 667 (2017)

UNITED STATES DEPARTMENT OF JUSTICE, Federal Bureau of Prisons Federal Correctional Complex Coleman, Florida, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

November 17, 2017.


Attorney(s) appearing for the Case

Tyce R. Walters , 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 at the time the brief was filed, and Thomas H. Byron, III , Attorney.

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

Before: Griffith and Pillard, Circuit Judges, and Edwards, Senior Circuit Judge.


This case involves the "covered-by" doctrine, which embraces a well-established principle in labor law: If a union and an employer in a collective-bargaining relationship reach an agreement on a subject during contract negotiations, neither side has a duty to bargain any further over that subject once the parties execute...

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