AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES v. OPM

Nos. 86-5456, 86-5457 and 86-5461.

821 F.2d 761 (1987)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, Appellant, v. OFFICE OF PERSONNEL MANAGEMENT, et al. NATIONAL TREASURY EMPLOYEES UNION, Appellant, v. Constance HORNER, Director, Office of Personnel Management. NATIONAL FEDERATION OF FEDERAL EMPLOYEES, Appellant, v. Constance HORNER, Director, Office of Personnel Management.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1987.


Attorney(s) appearing for the Case

Joseph F. Henderson, with whom Mark D. Roth, Washington, D.C., was on the brief for appellant, American Federation of Government Employees, AFL-CIO, in No. 86-5456.

Elaine D. Kaplan and Lois G. Williams, Washington, D.C., were on the brief for appellant, National Treasury Employees Union, in No. 86-5657.

Edwin H. Harvey, with whom H. Stephan Gordon and Clinton D. Wolcott, Washington, D.C., were on the brief for appellant, National Federation of Federal Employees, in No. 86-5461.

Peter R. Maier, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty. and William Kanter, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellees.

Before WALD, Chief Judge, BORK and SILBERMAN, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The history of this case is protracted and much of it was reviewed in National Treasury Employees Union v. Devine, 733 F.2d 114, 115-16 (D.C.Cir.1984). Briefly, in March, 1983, the Office of Personnel Management ("OPM") proposed new rules for implementing reductions-in-force ("RIFs") that increased the importance of merit (as measured...

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