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DEPT. OF TREASURY-I.R.S. v. F.L.R.A.

Nos. 05-76031, 05-76391.

521 F.3d 1148 (2008)

DEPARTMENT OF THE TREASURY-INTERNAL REVENUE SERVICE, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, National Treasury Employees Union, Intervenor. Federal Labor Relations Authority, Petitioner, v. Department of the Treasury-Internal Revenue Service; National Treasury Employees Union, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed April 3, 2008.

Attorney(s) appearing for the Case

William G. Kanter, Esq., Christine N. Kohl, Esq., U.S. Department of Justice, Washington, DC, for the petitioner-respondent.

David M. Smith, William R. Tobey, Esq., David M. Shewchuk, Esq., and James F. Blandford, Esq., Federal Labor Relations Authority, Washington, DC, for the respondent-petitioner.

Barbara A. Atkin, Esq., Julie M. Wilson, Esq., Gregory O'Duden, Esq., National Treasury Employers Union, Washington, DC, for the intervenor.

Before: ALEX KOZINSKI, Chief Judge, ROBERT E. COWEN, and HAWKINS, Circuit Judges.

COWEN, Circuit Judge:

The Department of Treasury, Internal Revenue Service ("IRS"), petitions this court to review an August 10, 2005, order by the Federal Labor Relations Authority ("FLRA"). The FLRA, along with the intervenor, the National Treasury Employees Union ("NTEU"), has cross-petitioned this court to enforce the FLRA's order. For the following reasons, we will deny the IRS's petition for review and grant the FLRA's cross-petition for enforcement.

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