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AMERICAN FEDERATION GOV'T EMP. v. FEDERAL LABOR

No. 18-1195.

926 F.3d 814 (2019)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES NATIONAL COUNCIL, 118-ICE, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent United States Department of Homeland Security, Immigration and Customs Enforcement, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 2019.

Attorney(s) appearing for the Case

T. Reid Coploff , Washington, DC, argued the cause and filed briefs for the petitioner.

Tabitha G. Macko , Attorney, Federal Labor Relations Authority, argued the cause for the respondent. Rebecca J. Osborne , Acting Deputy Solicitor, was with her on brief.

Joseph F. Busa , Attorney, United States Department of Justice, argued the cause for the intervenor. H. Thomas Byron III , Attorney, and Mark A. Robbins , General Counsel, United States Office of Personnel Management, were with him on brief.

Before: Henderson, Pillard and Wilkins, Circuit Judges.

At the urging of the Office of Special Counsel and the Government Accountability Office, the Department of Homeland Security, Immigration and Customs Enforcement (ICE) changed how it calculates overtime pay for certain employees. Concerned by the potential drop in its members'

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