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NATIONAL POSTAL MAIL HANDLERS v. AMERICAN POSTAL

Nos. 08-5467, 08-5487.

589 F.3d 437 (2009)

NATIONAL POSTAL MAIL HANDLERS UNION, a Division of The Laborers' International Union of North America, Appellant v. AMERICAN POSTAL WORKERS UNION and United States Postal Service, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 18, 2009.

Attorney(s) appearing for the Case

Ray E. Donahue, Special Assistant U.S. Attorney, argued the cause for appellant United States Postal Service. With him on the briefs was R. Craig Lawrence, Assistant U.S. Attorney. Claire M. Whitaker, Assistant U.S. Attorney, entered an appearance.

Ramya Ravindran argued the cause for appellant National Postal Mail Handlers Union. With her on the briefs was Andrew D. Roth.

Anton G. Hajjar argued the cause and filed the brief for appellee American Postal Workers Union.

Dissenting Opinion filed by Chief Judge SENTELLE.

KAVANAUGH, Circuit Judge:

This is an arbitration case. Two unions of postal workers — the American Postal Workers Union and the National Postal Mail Handlers Union — disagreed over which union was entitled to perform certain work at a U.S. Postal Service facility in Oakland. The Postal Service assigned the tasks to NPMHU's mail handlers. According to APWU, that assignment contravened a 1979 Postal Service directive regarding allocation of work. APWU...

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