NATIONAL TREASURY EMPLOYEES UNION v. DEVINE

Civ. A. No. 83-3322.

577 F.Supp. 738 (1983)

NATIONAL TREASURY EMPLOYEES UNION, Plaintiff, v. Donald J. DEVINE, Director, Office of Personnel Management, Defendant, National Federation of Federal Employees and American Federation of Government Employees, AFL-CIO, Plaintiffs-Intervenors.

United States District Court, District of Columbia.

December 30, 1983.


Attorney(s) appearing for the Case

Lois G. Williams, Director of Lit., and Gregory O'Duden, Richard Adelman, Kerry L. Adams, Nat. Treasury Employees Union, Washington, D.C., for plaintiff.

Linda L. Cromwell, Paul Blankenstein, Richard Greenberg, Dept. of Justice, and Joseph A. Morris, Office of Personnel Management, Washington, D.C., for defendant.

Catherine Waelden, Patrick J. Riley, Nat. Federation of Federal Employees, Washington, D.C., for plaintiff-intervenor Nat. Federation of Federal Employees.

Mary E. Jacksteit, Mark D. Roth, Washington, D.C., for plaintiff-intervenor American Federation of Government Employees, AFL-CIO.

William J. Olson, Daniel F. Hayes, Smiley, Olson, Gilman & Pangia, Washington, D.C., for amicus curiae Public Service Research Council.


MEMORANDUM OPINION

BARRINGTON D. PARKER, District Judge:

Introduction

On November 12, 1983, Congress hastily passed House Joint Resolution 413 ("H.J. Res. 413"), the Second Continuing Resolution for Fiscal Year 1984, which became Public Law 98-151 when signed by President Reagan on November 14, 1983. The Joint Resolution was a stop-gap emergency appropriation measure which became necessary because funding authorization for various agencies...

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