NATIONAL TREASURY EMPLOYEES UNION v. F.L.R.A.

Nos. 97-1204, 92-5272 and 92-5307.

139 F.3d 214 (1998)

NATIONAL TREASURY EMPLOYEES UNION, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, American Federation of Government Employees, AFL-CIO, Intervenor. NATIONAL TREASURY EMPLOYEES UNION, et al., Appellees, v. John CALLAHAN, Acting Administrator, Social Security Administration, et al., Appellants, American Federation of Government Employees, Local 888, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 27, 1998.

Rehearing Denied June 11, 1998.


Attorney(s) appearing for the Case

David M. Smith, Solicitor, Federal Labor Relations Authority, Washington, DC, argued the cause for respondent FLRA, with whom James F. Blandford and Shari Polur, Attorneys, Washington, DC, were on the brief. William R. Tobey, Deputy Solicitor, Washington, DC, entered an appearance.

Mark D. Roth and Judith Galat, Washington, DC, were on the brief for intervenor American Federation of Government Employees, AFL-CIO.

In case Nos. 92-5272 and 92-5307, Judith Galat, Washington, DC, argued the cause for appellant American Federation of Government Employees, Local 888, with whom Mark D. Roth, Washington, DC, was on the briefs.

R. Craig Lawrence, Assistant U.S. Attorney, Washington, DC, argued the cause for the Federal appellants, with whom Mary Lou Leary, U.S. Attorney, Washington, DC, at the time the briefs were filed, was on the briefs. John D. Bates, Assistant U.S. Attorney, Washington, DC, entered an appearance.

Elaine D. Kaplan, Washington, DC, argued the cause for appellees National Treasury Employees Union, et al., with whom Gregory O'Duden, Washington, DC, was on the brief. Clinton D. Wolcott, Washington, DC, entered an appearance.

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


GINSBURG, Circuit Judge:

The Social Security Administration several times denied the National Treasury Employees Union a permit to distribute leaflets in front of the SSA buildings on the government campus in Woodlawn, Maryland. The NTEU filed unfair labor practice charges with the Federal Labor Relations Authority, and sued the Administrator of the SSA in district court alleging a violation of the First Amendment to the Constitution of the United States.

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