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U.S. DEPT. OF TREASURY v. FLRA

Nos. 91-1139, 91-1316.

960 F.2d 1068 (1992)

UNITED STATES DEPARTMENT OF THE TREASURY, OFFICE OF THE CHIEF COUNSEL, INTERNAL REVENUE SERVICE, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, National Treasury Employees Union, Intervenor. DEPARTMENT OF THE TREASURY, OFFICE OF CHIEF COUNSEL, INTERNAL REVENUE SERVICE, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 1992.

Attorney(s) appearing for the Case

Robert V. Zener, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., William Kanter and Howard S. Scher, Attys., Dept. of Justice, Washington, D.C., were on the brief, for petitioner in Nos. 91-1139 and 91-1316. Thomas M. Bondy, Atty., Dept. of Justice, Washington, D.C., also entered an appearance, for petitioner.

James F. Blandford, Atty., F.L.R.A., with whom William E. Persina, Sol., and William R. Tobey, Deputy Sol., Washington, D.C., were on the brief, for respondent in Nos. 91-1139 and 91-1316.

David F. Klein, with whom Gregory O'Duden, Washington, D.C., was on the brief, for intervenor in Nos. 91-1139 and 91-1316. Elaine D. Kaplan, Washington, D.C., also entered an appearance, for intervenor.

Before: WALD, RUTH BADER GINSBURG, and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The Department of the Treasury petitions for review of a determination by the Federal Labor Relations Authority (FLRA) that certain contractual clauses proposed by the National Treasury Employees Union in negotiations with the Internal Revenue Service (IRS) are negotiable under 5 U.S.C. § 7106(b)(3) because they constitute "appropriate arrangements for employees adversely...

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