NATIONAL TREASURY EMPLOYEES UNION v. FLRA

No. 87-1165.

910 F.2d 964 (1990)

NATIONAL TREASURY EMPLOYEES UNION, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 14, 1990.


Attorney(s) appearing for the Case

Gregory O'Duden, with whom Elaine Kaplan and Kerry L. Adams were on the brief, for petitioner. Michael Wolf and Cary P. Sklar also entered appearances, for petitioner.

Arthur A. Horowitz, Atty., Federal Labor Relations Authority, with whom William E. Persina and Denise Morelli, Attorneys, Federal Labor Relations Authority, were on the brief, for respondent. Ruth E. Peters, Atty., Federal Labor Relations Authority, also entered an appearance, for respondent.

Jeffrey Clair, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., and William Kanter, Atty., Dept. of Justice, were on the brief, for amicus curiae, urging affirmance. Gregory C. Sisk also entered an appearance for amicus curiae.

Before WALD, Chief Judge, MIKVA, EDWARDS, RUTH B. GINSBURG, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG, SENTELLE, THOMAS, HENDERSON, and RANDOLPH, Circuit Judges.


Argued En Banc April 25, 1990.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Dissenting Opinion filed by Circuit Judge MIKVA.

SILBERMAN, Circuit Judge:

The National Treasury Employees Union Chapter 222 petitions for review of an order issued by the Federal Labor Relations Authority ("FLRA"), claiming that the order, directing the IRS to bargain with the union, is legally inadequate. We deny the petition.

I.

The Houston...

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