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United States DC Circuit


American Federation of Gov't Employees v. Fed. Labor Relations Auth., 05-1241

Dismissal of unfair labor practice complaint filed under the Federal Service Labor-Management Relations Statute, in case alleging federal employer repudiated certain provisions of collective bargaining agreement dealing with employee drug testing and rehabilitation, is vacated as the holding that the employer did not breach the agreements is both arbitrary and capricious and unsupported by substantial evidence.

Appellate Information

  • Decided 12/05/2006
  • Published 12/05/2006

Judges

  • Before:  TATEL and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Judith D. Galat argued the cause for petitioner.   With her on the briefs were Mark D. Roth and Charles A. Hobbie.  Anne M. Wagner entered an appearance.

  • For Appellees:
  • William E. Persina, Attorney, Federal Labor Relations Authority, argued the cause for respondent.   With him on the brief was William R. Tobey, Deputy Solicitor.  David M. Smith, Solicitor, entered an appearance.
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