RANEY v. FEDERAL BUREAU OF PRISONS

Nos. 97-3469, 98-3043.

222 F.3d 927 (2000)

Larry RANEY, Petitioner, v. FEDERAL BUREAU OF PRISONS, Respondent.

United States Court of Appeals, Federal Circuit.

August 11, 2000.


Attorney(s) appearing for the Case

Michael J. Schrier, Staff Counsel, American Federation of Government Employees, AFL-CIO, of Washington, DC, argued for petitioner. On the brief was Martin R. Cohen, Assistant General Counsel, AFGE, of Bala Cynwyd, Pennsylvania, for petitioner, and Mark D. Roth, General Counsel.

Harold D. Lester, Jr., Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. On the brief were David M. Cohen, Director; and Joseph A. Kijewski, Assistant Director; and Kenneth M. Dintzer, Attorney. Of counsel were Salomon Gomez, Trial Attorney, Department of Justice; and Steven R. Simon, Supervisory Attorney Advisor, Federal Bureau of Prisons, Labor Law Branch-West, of Phoenix, Arizona.

Peter B. Broida, of Arlington, Virginia, amicus curiae.

Gregory O'Duden, General Counsel, National Treasury Employees Union, of Washington, DC, for amicus curiae, National Treasury Employees Union. With him on the brief was Barbara A. Atkin, Deputy General Counsel.

Before MAYER, Chief Judge, NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and MICHEL, PLAGER, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, and DYK, Circuit Judges.


Opinion for the court filed by Circuit Judge GAJARSA, in which Circuit Judges MICHEL, PLAGER, CLEVENGER, SCHALL, BRYSON, and DYK join. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge RADER, in which Chief Judge MAYER, Circuit Judge PAULINE NEWMAN, Senior Judge ARCHER, and Circuit Judge LOURIE join.

DECISION

GAJARSA, Circuit Judge.

Larry Raney appeals from arbitrator Charles B. Blackmar's July 25 and September 24, 1997 decisions...

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