DEPARTMENT OF THE TREASURY, OFFICE OF CHIEF COUNSEL, Petitioner,
v.
FEDERAL LABOR RELATIONS AUTHORITY, Respondent
National Treasury Employees Union, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 6, 1989.
Decided May 2, 1989.
Rehearings Denied July 17, 1989.
Supplemental Opinion of July 17, 1989.
Attorney(s) appearing for the Case
Peter R. Maier, Atty., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., and William Kanter, Atty., Dept. of Justice, were on the brief, for petitioner.
Robert J. Englehart, Atty., Federal Labor Relations Authority, with whom William E. Persina, Acting Sol., and Arthur A. Horowitz, Associate Sol., Federal Labor Relations Authority, were on the brief, for respondent. Ruth E. Peters, Atty., Federal Labor Relations Authority, also entered an appearance for respondent.
Clinton D. Wolcott, with whom Gregory O'Duden and Elaine Kaplan were on the brief, for intervenor. Lois G. Williams also entered an appearance for intervenor.
Before RUTH BADER GINSBURG, and SILBERMAN and BUCKLEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SILBERMAN.
SILBERMAN, Circuit Judge:
This case raises the issue whether federal employees in the excepted service, who have no statutory right to appeal adverse personnel actions, may nevertheless require an agency to bargain over creation of a grievance arbitration procedure permitting a challenge to those personnel actions. The Treasury Department, contending that arbitration...
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