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U.S. CUSTOMS SERV. v. FEDERAL LABOR REL. AUTHORITY

Cal. Nos. 163, 835, Dockets 83-4056, 83-4128.

739 F.2d 829 (1984)

U.S. CUSTOMS SERVICE, REGION II, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, National Treasury Employees Union, Intervenor.

United States Court of Appeals, Second Circuit.

Decided July 20, 1984.

Attorney(s) appearing for the Case

Allan L. Martin, Washington, D.C. (U.S. Customs Service, Richard H. Abbey, Chief Counsel, Gary B. Landsman, Asst. Chief Counsel, and Dept. of the Treasury, Jordan A. Luke, Asst. Gen. Counsel, Washington, D.C., of counsel), for petitioner.

Matthew J. Wheeler, Washington, D.C. (Federal Labor Relations Authority, Ruth E. Peters, Sol., and Steven H. Svartz, Deputy Sol., Washington, D.C., of counsel), for respondent.

Lawrence K.G. Poole, Asst. Counsel, Atlanta, Ga. (National Treasury Employees Union, Lois G. Williams, Director of Litigation, Kerry L. Adams, Asst. Director of Litigation, and William Harness, Assoc. Gen. Counsel, Washington, D.C., of counsel), for intervenor.

Before LUMBARD and VAN GRAAFEILAND, Circuit Judges, and RE, Chief Judge, U.S. Court of International Trade.

VAN GRAAFEILAND, Circuit Judge:

The United States Customs Service, Region II (the Service) seeks review of a decision and order of the Federal Labor Relations Authority requiring the Service to bargain with the National Treasury Employees Union (the Union) concerning so-called "crediting plans." Crediting plans are used by the Service in making promotion decisions, and measure the extent to which applicants possess the qualifications

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