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DEPT. OF TREASURY, U.S. CUSTOMS SERVICE v. FLRA

No. 86-1198.

836 F.2d 1381 (1988)

DEPARTMENT OF THE TREASURY, U.S. CUSTOMS SERVICE, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 1988.

Attorney(s) appearing for the Case

John S. Koppel, Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty. and Douglas N. Letter, Dept. of Justice were on the brief, William Kanter, Dept. of Justice, Washington, D.C., also entered an appearance for petitioner.

Robert J. Englehart, Federal Labor Relations Authority, with whom Ruth E. Peters, Sol., Steven H. Svartz and William E. Persina, Deputy Sol., and Arthur A. Horowitz, Associate Sol., Federal Labor Relations Authority, Washington, D.C., were on the brief, for respondent.

Gregory O'Duden, Washington, D.C., for intervenor. Lois G. Williams, Washington, D.C., and Richard S. Edelman were on the brief, for intervenor.

Mark D. Roth and Stuart A. Kirsch, Washington, D.C., were on the brief for amicus curiae, American Federation of Government Employees, AFL-CIO, urging affirmance of the Federal Labor Relations Authority decision.

Before GINSBURG and BUCKLEY, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge FAIRCHILD.

FAIRCHILD, Senior Circuit Judge:

The Federal Labor Relations Authority (the Authority) has ordered the Customs Service of the Department of the Treasury (the Agency) to bargain with the National Treasury Employees Union (the Union) concerning a Union proposal that the Agency agree to pay travel expenses incurred by employees while using "official time," granted under 5 U.S.C. § 7131(a) or...

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