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NATIONAL TREASURY EMPLOYEES UNION v. FLRA

No. 05-1230.

452 F.3d 793 (2006)

NATIONAL TREASURY EMPLOYEES UNION, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 2006.

Attorney(s) appearing for the Case

Julie M. Wilson argued the cause for petitioner. With her on the briefs were Gregory O'Duden and Barbara A. Atkin.

William E. Persina, Attorney, Federal Labor Relations Authority, argued the cause for respondent. With him on the brief was William R. Tobey, Acting Solicitor.

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

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

The National Treasury Employees Union petitions for review of a decision of the Federal Labor Relations Authority holding the Internal Revenue Service did not have a duty to bargain over the Union's proposed "Leave Swapping Program." Because the Authority reasonably concluded that the subject of how leave would be allocated among employees was "covered by" the pre-existing collective...

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