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NATIONAL ASS'N OF AGRIC. EMPLOYEES v. FLRA

No. 06-71671.

473 F.3d 983 (2007)

NATIONAL ASSOCIATION OF AGRICULTURE EMPLOYEES, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, and Customs and Border Protection, Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed January 10, 2007.

Attorney(s) appearing for the Case

Kim D. Mann (argued) and Kathleen C. Jeffries, Scopelitis, Garvin, Light & Hanson, P.C., Washington, D.C., for petitioner National Association of Agriculture Employees.

William R. Tobey and William E. Persina (argued), Washington, D.C., for respondent Federal Labor Relations Authority.

Peter D. Keisler, William Kanter and Howard S. Scher (argued), Civil Division, U.S. Department of Justice, Washington, D.C., and Julie A. Murphy, Office of the Chief Counsel, Bureau of Customs and Border Protection, for intervenor Customs and Border Protection.

Gregory O'Duden, Elaine Kaplan, Larry J. Adkins and Robert H. Shriver, III, Washington, D.C., for amicus National Treasury Employees Union.

Before JOHN R. GIBSON, FISHER and CALLAHAN, Circuit Judges.

FISHER, Circuit Judge.

We must decide whether a determination by the Federal Labor Relations Authority (FLRA) that certain government employees are professionals is an order involving an appropriate collective bargaining unit determination. If it is, we lack jurisdiction to review it under the Federal Service Labor Management Relations Statute (FSLMRS), 5 U.S.C. §§ 7101 et seq.1

The National Association of Agriculture...

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