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CHIEF COUNS. OFFICE v. LABOR RELATIONS AUTHORITY

Nos. 12-1456, 13-1066.

739 F.3d 13 (2014)

UNITED STATES DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE OFFICE OF CHIEF COUNSEL 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 January 3, 2014.

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 Stuart F. Delery , Principal Assistant Deputy Attorney General, and Leonard Schaitman , Attorney.

Zachary R. Henige , Attorney, Federal Labor Relations Authority, argued the cause for respondent. On the brief was Rosa M. Koppel , Solicitor. David Shewchuk , Deputy Solicitor, Federal Labor Relations Authority, entered an appearance.

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

Matthew W. Milledge, David A. Borer , and Andres M. Grajales were on the brief for amicus curiae American Federation of Government Employees, AFL-CIO in support of respondent.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Section 7106(b)(3) of the Federal Service Labor Management Relations Statute (FSLMRS), 5 U.S.C. § 7101 et seq., provides that collective bargaining agreements reached between federal agencies and their employees' bargaining representatives may contain provisions that, although interfering with certain managerial prerogatives, constitute "appropriate arrangements for employees adversely affected by the exercise" of such management...

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