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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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