NAT. TREASURY EMPLOYEES U. v. U.S. MERIT SYSTEMS

No. 82-1206.

743 F.2d 895 (1984)

NATIONAL TREASURY EMPLOYEES UNION, Petitioner v. UNITED STATES MERIT SYSTEMS PROTECTION BOARD and United States Office of Personnel Management, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided September 11, 1984.


Attorney(s) appearing for the Case

Lois G. Williams, Washington, D.C., with whom Robert M. Tobias and John F. Bufe, Washington, D.C., were on the brief, for petitioner. William F. White also entered an appearance for petitioner.

Mary M. Jennings, Atty., Merit Systems Protection Bd., Washington, D.C., with whom Evangeline W. Swift, Gen. Counsel, Merit Systems Protection Bd., Rita S. Arendal and Calvin M. Morrow, Attys., Merit Systems Protection Bd., Washington, D.C., were on the brief, for respondent, Merit Systems Protection Bd. Alan F. Greenwald, Atty., Merit Systems Protection Bd., Washington, D.C., also entered an appearance for respondent, Merit Systems Protection Bd.

Michael J. Ryan, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the brief was filed, Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Atty., Washington, D.C., were on the brief, for respondent, Office of Personnel Management.

Before WALD, MIKVA and BORK, Circuit Judges.


Opinion for the Court in Parts I-II.C.2 filed by Circuit Judge WALD.

Opinion for the Court in Part II.C.3 filed by Circuit Judge BORK.

Separate concurring statement filed by Circuit Judge WALD.

WALD, Circuit Judge:

Petitioner, National Treasury Employees Union (NTEU), seeks relief from a decision of the Merit Systems Protection Board (MSPB) upholding the validity of an Office of Personnel Management (OPM) regulation, presently published at...

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