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AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES v. LOY

No. 03-5256.

367 F.3d 932 (2004)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, Appellant, v. James M. LOY, in His Official Capacity as Under Secretary of Transportation, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 2004.

Attorney(s) appearing for the Case

Gony Frieder argued the cause for appellant. On the briefs were Mark Roth and Anne M. Wagner.

William G. Kanter, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, Douglas N. Letter and Howard S. Scher, Attorneys.

Before: GINSBURG, Chief Judge; RANDOLPH and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

A union wishing to become the bargaining representative of newly-federalized airport screeners initiated two proceedings, one administrative, the other judicial. The administrative action sought to have the Federal Labor Relations Authority order representation elections. The other action sought a judgment from the district court that...

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