Association of Civilian Technicians, Montana Air Chapter No. 29 v. Federal Labor Relations Authority

Opinion for the Court filed by Circuit Judge WALD.

Concurring opinion filed by Circuit Judge HENDERSON.

WALD, Circuit Judge:

Petitioner, the Association of Civilian Technicians, Montana Air Chapter No. 29 (“Union”) negotiated and executed a collective bargaining agreement (“Agreement”) with the Montana National Guard (“Activity”) permitting technicians to wear standard civilian attire in place of a uniform. When the Agreement was presented for review to the head of the National Guard Bureau (“Agency”), the Agency head disapproved the agreement, inter alia, on the basis that the clause pertaining…