DEPT. OF THE TREASURY v. FEDERAL LABOR RELATIONS

No. 11-1102.

670 F.3d 1315 (2012)

UNITED STATES DEPARTMENT OF THE TREASURY, BUREAU OF the PUBLIC DEBT WASHINGTON, D.C., Petitioner v. Federal Labor Relations Authority, Respondent National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 2012.


Attorney(s) appearing for the Case

Howard S. Scher , Attorney, United States Department of Justice, argued the cause for the petitioner. Tony West , Assistant Attorney General, and William Kanter and Thomas M. Bondy , Attorneys, were on brief.

Rosa M. Koppel , Solicitor, Federal Labor Relations Authority, argued the cause for the respondent.

Peyton H.N. Lawrimore argued the cause for intervenor National Treasury Employees Union. Gregory O'Duden and Larry J. Adkins were on brief.

Opinion for the Court filed by Circuit Judge HENDERSON.


KAREN LeCRAFT HENDERSON, Circuit Judge:

The United States Department of the Treasury (Department) petitions for review of a decision of the Federal Labor Relations Authority (FLRA, Authority) that adopted a new standard to determine when a negotiated contract provision is an "appropriate arrangement" under 5 U.S.C. § 7106(b)(3) and an agency head's disapproval thereof will therefore be set aside. Nat'l Treasury Emps. Union, 65 F.L.R.A. 509 (2011). Because...

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