NATIONAL FEDERATION OF FEDERAL EMPLOYEES

v.

DEFENSE LANGUAGE INSTITUTE

Citator

Cited By

• U.S. Dep't OF Health & Human Servs. v. Fed. Labor Relations Auth., 844 F.2d 1087 (4th Cir. 1988)
  …ge Institute v. FLRA, 767 F. 2d 1398, 1401 (9th Cir.1985) (because the current Circular “lacks meaningful standards to guide management’s discretion,” its application, like that of its precursor, is not amenable to judicial review), cert. dismissed, 476 U.S. 1110, 106 S.Ct. 2004, 90 L.Ed.2d 647 (1986). The Circular is thus not an “applicable law” under § 7106, nor is its claimed violation grievable under § 7103(a)(9)(C)(ii). Submitting disputes over the Circular’s application to grievance procedures and arb…

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• Dep't of the Treas. v. Fed. Labor Relations Auth., 857 F.2d 819 (D.C. Cir. 1988)
  …inconsistent not only with section 7106(a)(2)(C), but also with the Act’s larger goal of promoting “an effective and efficient Government.” 5 U.S.C. § 7101(b). See Defense Language Inst. v. FLRA, 767 F. 2d 1398, 1401 (9th Cir.1985), cert. dismissed, 476 U.S. 1110, 106 S.Ct. 2004, 90 L.Ed.2d 647 (1986). [*823] Finally, we note that our decision is fully consistent with our earlier consideration of NTEU, the case on which the FLRA based its decision. In Department of Treasury v. FLRA, 837 F. 2d 1163 (D.C.Cir.1…
• Dep't of the Treas. v. Fed. Labor Relations Auth., 862 F.2d 880 (D.C. Cir. 1988)
  …has unequivocally held contracting-out decisions to be both grievable and, perforce, bargainable. The new arguments have, however, persuaded the Ninth Circuit, see Defense Language Institute v. FLRA, 767 F. 2d 1398 (9th Cir.1985), cert. dismissed, 476 U.S. 1110, 106 S.Ct. 2004, 90 L.Ed.2d 647 (1986), and more recently, the Fourth Circuit, U.S. Department of Health and Human Services v. FLRA, 844 F. 2d 1087 (4th Cir.1988) (en banc) that EEOC was wrongly decided. That option, however, is not open to us. The…