U.S. DEPT. OF JUSTICE v. FEDERAL LABOR REL. AUTH.

No. 82-1622.

709 F.2d 724 (1983)

UNITED STATES DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. American Federation of Government Employees, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 1983.


Attorney(s) appearing for the Case

Nicholas S. Zeppos, Atty., Dept. of Justice, Washington, D.C., with whom Stanley S. Harris, U.S. Atty., and William Kanter, Atty., Dept. of Justice, Washington, D.C., were on brief, for petitioner. Frederick Geilfuss, Atty., Dept. of Justice, Washington, D.C., entered an appearance for petitioner.

William R. Tobey, Atty., Federal Labor Relations Authority, Washington, D.C., for respondent. Steven H. Svartz, Acting Sol., Federal Labor Relations Authority, and Ellen Stern, Atty., Federal Labor Relations Authority, Washington, D.C., were on brief for respondent. Mary Elizabeth Medaglia, Atty., Federal Labor Relations Authority, Washington, D.C., entered an appearance for respondent.

Charles A. Hobbie and James R. Rosa, Washington, D.C., were on brief, for intervenor.

Before WRIGHT and BORK, Circuit Judges, and MacKINNON, Senior Circuit Judge.


Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

Since the very establishment of the civil service program, Congress has provided ever-increasing procedural protections for government employees who have completed their probationary periods.1 Congress has always recognized that written and scholastic tests may not adequately measure the job performance qualifications of prospective...

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