U.S. DEPT. OF TREASURY v. FLRA

No. 93-1388.

43 F.3d 682 (1994)

UNITED STATES DEPARTMENT OF the TREASURY, UNITED STATES CUSTOMS SERVICE, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1994.

Rehearing and Suggestion for Rehearing Denied March 1, 1995.


Attorney(s) appearing for the Case

Marc P. Richman, Atty., Dept. of Justice, Washington, DC, argued the cause, for petitioner. With him on the briefs were Frank W. Hunger, Asst. Atty. Gen., and William G. Kanter, Atty., Dept. of Justice, Washington, DC.

William E. Persina, Atty., Federal Labor Relations Authority, Washington, DC, argued the cause, for respondent. With him on the brief was David M. Smith, Sol., Federal Labor Relations Authority, Washington, DC. Arthur A. Horowitz and Pamela P. Johnson, Washington, DC, Attys., entered appearances for respondent.

Elaine D. Kaplan, Deputy Gen. Counsel, Nat. Treasury Employees Union, Washington, DC, argued the cause, for intervenor. With her on the brief was Gregory O'Duden, Gen. Counsel, Nat. Treasury Employees Union, Washington, DC. Barbara A. Atkin, Washington, DC, Atty., entered an appearance, for intervenor.

Before: EDWARDS, Chief Judge, and SILBERMAN and RANDOLPH, Circuit Judges.


Rehearing and Suggestion for Rehearing In Banc Denied March 1, 1995.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The government appeals the Federal Labor Relations Authority's affirmance of an arbitrator's award that held a regulation issued by the Customs Service in violation of a statute regulating coastwise trade. The Authority challenges our jurisdiction to review its...

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