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This section contains the nature of the case and procedural background.

A final order of the FLRA must be appealed within sixty days under 5 U.S.C. section 7123(a). The FLRA's promulgation of final rules or regulations constituted a final order marking the commencement of the sixty-day limitations period. The NLRB Union (P) sought to amend regulations whose final order was issued on January 17, 1980. FLRA argued that its negative response to an order to amend the rules was not a final order in that P's attack on the regulations came 7 years after the final order was issued and well beyond the sixty-day statute of limitations.

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