No. 91-1247. Argued February 24, 1992. Decided May 5, 1992. As Amended May 5, 1992. Robert D. Kamenshine, Attorney, Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., and William Kanter, Attorney, Dept. of Justice, Washington, D.C., were on the brief, for petitioner. James F. Blandford, Attorney, F.L.R.A., for respondent. William E. Persina, Sol., William R. Tobey, Deputy Sol., and Ira E. Hoffman, Attorney, Washington, D.C., were on the brief, for respondent. Clinton Wolcott, with whom