American Federation of Government Employees, Afl-Cio v. Federal Labor Relations Authority, National Treasury Employees Union, Intervenor

HARRY T. EDWARDS, Circuit Judge:

The American Federation of Government Employees (“AFGE”) challenges a decision of the Federal Labor Relations Authority (“FLRA” or “the Authority”) dismissing an unfair labor practice charge against the Health Care Financing Administration (“HCFA” or “the Agency”). The Authority rejected AFGE’s claim that HCFA had unlawfully assisted the National Treasury Employees’ Union (“NTEU”), a rival to AFGE, when it failed to prevent leafletting and solicitation by NTEU in public areas contiguous to the Agency’s leased facilities.

It is undisputed that, under the…