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DEPT. OF HOMELAND SEC. v. FED. LABOR RELATIONS

No. 10-1282.

647 F.3d 359 (2011)

UNITED STATES DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 12, 2011.

Attorney(s) appearing for the Case

Howard S. Scher , Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the briefs were Tony West , Assistant Attorney General, and William Kanter , Attorney.

Rosa M. Koppel , Solicitor, Federal Labor Relations Authority, argued the cause and filed the brief for respondent. Joyce G. Friedman , Attorney Advisor, entered an appearance.

Larry J. Adkins argued the cause for intervenor. With him on the brief was Gregory O'Duden .

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

U.S. Customs and Border Protection (CBP), a division of the Department of Homeland Security, changed local work assignments for its inspectors without first negotiating with their union. An arbitrator concluded that this was an unfair labor practice, and the Federal Labor Relations Authority agreed. For the reasons set forth below, we deny CBP's petition for review.

I

The National Treasury Employees Union represents CBP inspectors...

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