U.S. DEPT. OF HOMELAND SEC. v. FLRA

No. 14-1052.

784 F.3d 821 (2015)

UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection Scobey, Montana, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 5, 2015.


Attorney(s) appearing for the Case

Mark W. Pennak, Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the briefs was Leonard Schaitman, Attorney. Howard S. Scher, Attorney, entered an appearance.

Fred B. Jacob, Solicitor, Federal Labor Relations Authority, argued the cause for respondent. With him on the brief were Zachary R. Henige, Deputy Solicitor, and Stephanie J. Sverdrup Stone, Attorney.

Paras N. Shah argued the cause for intervenor. With him on the brief were Gregory O'Duden and Larry J. Adkins.

Opinion for the Court filed by Circuit Judge TATEL.


Although the amount of money at issue in this dispute about overtime pay is small, the amount of energy that the parties have expended fighting over it is not. It has been the subject of arbitration, three Federal Labor Relations Authority decisions, and now this petition for review. It has taken three years and, according...

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