Department of Health & Human Services, Region Ix, San Francisco, California v. Federal Labor Relations Authority, Federal Labor Relations Authority v. Department of Health & Human Services, Region Ix, San Francisco, California

894 F.2d 333 133 L.R.R.M. (BNA) 2469 DEPARTMENT OF HEALTH & HUMAN SERVICES, REGION IX, SAN FRANCISCO, CALIFORNIA, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. FEDERAL LABOR RELATIONS AUTHORITY, Petitioner, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, REGION IX, SAN FRANCISCO, CALIFORNIA, Respondent. Nos. 88-7192, 88-7236. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1989. Decided Jan. 22, 1990. Peter R. Maier, Washington, D.C., for petitioner-respondent. Robert J. Englehart, Washington, D.C., for respondent-petitioner. Appeal from the Federal Labor Relations Authority. Before BROWNING, HALL, and LEAVY, Circuit Judges. PER CURIAM: 1 The Department of Health and Human Services (HHS) petitions for review of an order issued by the Federal Labor Relations Authority (FLRA) requiring HHS to bargain collectively with the National Treasury Employees Union (NTEU) over a proposal that would subject to binding arbitration adverse employment action taken with respect to nonpreference eligible excepted service (NEES) employees. 2 The precise question has been considered by the Courts of Appeals for the Seventh and District of Columbia…