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NATIONAL TREASURY EMPLOYEES v. LABOR RELATIONS

No. 12-1199.

754 F.3d 1031 (2014)

NATIONAL TREASURY EMPLOYEES UNION, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 2014.

Attorney(s) appearing for the Case

Paras N. Shah argued the cause for the petitioner. Gregory O'Duden , Larry J. Adkins and Julie M. Wilson were on brief.

Zachary R. Henige , Attorney, Federal Labor Relations Authority, argued the cause for the respondent. Rosa M. Koppel , Solicitor, and David M. Shewchuk , Deputy Solicitor, were on brief.

Howard S. Scher , Attorney, United States Department of Justice, argued the cause for amicus curiae United States of America. Stuart F. Delery , Principal Deputy Assistant Attorney General, and Leonard Schaitman , Attorney, were on brief.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge:

The National Treasury Employees Union (NTEU or Union) petitions the Court for review of a Federal Labor Relations Authority (FLRA or Authority) decision finding, inter alia, that the Internal Revenue Service (IRS) did not commit an unfair labor practice when Union representatives were excluded from "suitability" interviews of "covered" IRS personnel conducted by Office of Personnel Management (OPM) investigators. Under...

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