United States Tenth Circuit

A petition for review of the Federal Labor Relations Authority's dismissal of a union's complaint against an employer, alleging that it committed unfair labor practices in failing to release certain information to the union, is affirmed where, although the FLRA's interpretation of the statute relating to the release of information was erroneous, the FLRA properly found that the union failed to meet its burden under the particularized need standard when the employer made genuine and reasonable requests for clarification and the union failed to provide a substantive response to those requests.

Appellate Information

• Decided 07/12/2006
• Published 07/12/2006

Judges

• MURPHY, Circuit Judge., Before KELLY, BALDOCK, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kevin M. Grile, American Federation of Government Employees, AFL-CIO, Chicago, IL (Mark D. Roth, Charles A. Hobbie, American Federation of Government Employees, AFL-CIO, Washington, D.C., with him on the briefs), for Petitioner.


• For Appellees:
  
• William E. Persina, Attorney (David M. Smith, Solicitor, William R. Tobey, Deputy Solicitor, with him on the brief), Federal Labor Relations Authority, Washington, D.C., for Respondent.