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NATIONAL TREASURY EMPLOY. v. FED. LABOR RELAT.

No. 04-1137.

414 F.3d 50 (2005)

NATIONAL TREASURY EMPLOYEES UNION, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent United States Customs and Border Protection, United States Department of Homeland Security Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2005.

Attorney(s) appearing for the Case

Elaine D. Kaplan argued the cause for the petitioner. Gregory O'Duden and Larry J. Adkins were on brief.

James F. Blandford, Attorney, Federal Labor Relations Authority, argued the cause for the respondent. David M. Smith, Solicitor, Federal Labor Relations Authority, and William R. Tobey, Deputy Solicitor, Federal Labor Relations Authority, were on brief.

Peter D. Keisler, Assistant Attorney General, United States Department of Justice, William G. Kanter, Deputy Director, and Sandra W. Simon, Attorney, were on brief for the intervenor. E. Roy Hawkens, Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, and HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

Granting the exceptions taken by the United States Department of the Treasury's Customs Service1 (Customs), the Federal Labor Relations Authority set aside an arbitration award in favor of the National Treasury Employees Union (NTEU). See United States Dep't of the Treasury Customs Serv.,...

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