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NATIONAL TREASURY EMPLOYEES UNION v. KING

No. 96-1263.

132 F.3d 736 (1998)

NATIONAL TREASURY EMPLOYEES UNION, Lila Sanders, Carol Field, Robert A. Morris, and all similarly situated unnamed individuals, Plaintiffs-Appellants, and Patent Office Professional Association, Plaintiff, v. James KING, Director, Office of Personnel Management, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 5, 1998.

Attorney(s) appearing for the Case

Elaine Kaplan, Deputy General Counsel, National Treasury Employees Union, of Washington, DC, argued for plaintiffs-appellants. With her on the brief was Gregory O'Duden, General Counsel.

Frank A. Rosenfeld, Attorney, Civil Division, Appellate Staff, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., United States Attorney, and William Kanter, Deputy Director, Appellate Staff.

Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and BRYSON, Circuit Judge.

ARCHER, Senior Circuit Judge.

National Treasury Employees Union and the plaintiff class (collectively NTEU) appeal the judgment of the United States District Court for the District of Columbia, holding that the conversion rule promulgated by the Office of Personnel Management (OPM) met the requirements of 5 U.S.C. § 5303(d) (1994) and that plaintiffs' recovery must be based on that rule because the pre-1982 conversion rule was invalid, Civil Action Nos. 83-0279...

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