NATIONAL TREASURY EMPLOYEES UNION v. F.L.R.A.

No. 87-1020.

835 F.2d 1446 (1987)

NATIONAL TREASURY EMPLOYEES UNION, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 24, 1987.


Attorney(s) appearing for the Case

Gregory O'Duden, with whom Lois G. Williams, Washington, D.C., was on the brief, for petitioner.

Susan Berk, Atty., Federal Labor Relations Authority, of the Bar of the Court of Appeals of New York, pro hac vice by special leave of this Court, with whom Ruth E. Peters, Sol., William E. Persina, Deputy Sol., and Arthur A. Horowitz, Associate Sol., Federal Labor Relations Authority, Washington, D.C., were on the brief, for respondent.

Marc Richman, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., and William Kanter, Atty., Dept. of Justice, Washington, D.C., were on the brief, for intervenor, Dept. of the Treasury, Bureau of Alcohol, Tobacco and Firearms.

Before EDWARDS, SILBERMAN and BUCKLEY, Circuit Judges.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case presents a narrow issue: did the questioning of one federal employee under disciplinary investigation, by another federal employee at management's behest, abridge the questioned employee's right under 5 U.S.C. § 7114(a)(2)(B) (1982) to have a union representative present during interrogation, even though the questioned employee was unaware that the...

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