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OHIO ADJUTANT GENERAL'S v. FED. LABOR RELATIONS

No. 20-3908.

21 F.4th 401 (2021)

The OHIO ADJUTANT GENERAL'S DEPARTMENT; Major General John C. Harris, Jr., in his official capacity as the Adjutant General of the Ohio National Guard; United States Department of Defense/Ohio National Guard, Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, Local 3970, AFL-CIO, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 21, 2021.

Attorney(s) appearing for the Case

ARGUED: Michael J. Hendershot, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Petitioners. Rebecca J. Osborne, FEDERAL LABOR RELATIONS AUTHORITY, Washington, D.C., for Respondent. Matthew W. Milledge, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, Washington, D.C., for Intervenor. ON BRIEF: Michael J. Hendershot, Benjamin M. Flowers, Dale T. Vitale, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Petitioners. Rebecca J. Osborne, Noah Peters, FEDERAL LABOR RELATIONS AUTHORITY, Washington, D.C., for Respondent. Matthew W. Milledge, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, Washington, D.C., for Intervenor.

Before: DAUGHTREY, COLE, and CLAY, Circuit Judges.

OPINION

The Ohio National Guard and its Adjutant General (collectively, the "Guard") petition this court to review a Federal Labor Relations Authority ("FLRA") decision and order arising out of a collective-bargaining dispute between the Guard and the union that represents its technicians, the American Federation of...

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