Concurring opinion filed by Circuit Judges STARR and D.H. GINSBURG. HARRY T. EDWARDS, Circuit Judge: In July 1985, the National Labor Relations Board Union (the “Union”) petitioned the Federal Labor Relations Authority (the “FLRA”) to amend 5 C.F.R. §§ 2423.5 and 2424.5 (1987). 1 The Union claimed that these regulations were inconsistent wi…
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