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S.E.C. v. FEDERAL LABOR RELATIONS AUTHORITY

Nos. 08-1256, 08-1294.

568 F.3d 990 (2009)

SECURITIES AND EXCHANGE COMMISSION, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 2009.

Attorney(s) appearing for the Case

Samuel M. Forstein, Assistant General Counsel, Securities & Exchange Commission, argued the cause for petitioner. With him on the briefs were Andrew N. Vollmer, Acting General Counsel, and Rufus Beatty, Senior Special Counsel. Richard M. Humes, Associate General Counsel, entered an appearance.

James F. Blandford, Attorney, Federal Labor Relations Authority, argued the cause for respondent. With him on the brief were Rosa M. Koppel, Solicitor, and William R. Tobey, Deputy Solicitor.

Barbara A. Sheehy argued the cause for intervenor. With her on the brief were Gregory O'Duden and Elaine Kaplan. Barbara A. Atkin entered an appearance.

Concurring opinion filed by Circuit Judge KAVANAUGH.

BROWN, Circuit Judge:

This is the sort of dispute that could only arise between public employees and a governmental agency. The Securities and Exchange Commission (SEC or Agency) was eager to pay its employees more money. The National Treasury Employees Union (NTEU or Union) complains the SEC implemented the raises too quickly. The Federal Labor Relations Authority (FLRA or Authority) agrees with the Union and has ordered the SEC to provide back pay to atone for the...

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