NATIONAL TREASURY EMPLOYEES UNION v. FLRA

No. 20-1400 Consolidated with 20-1402, 20-1403.

45 F.4th 121 (2022)

NATIONAL TREASURY EMPLOYEES UNION, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent Office of Personnel Management and United States Department of Agriculture, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 2022.


Attorney(s) appearing for the Case

Kathryn W. Bailey argued the cause for petitioners. With her on the briefs were Gregory O'Duden , Julie M. Wilson , Jessica Horne , David A. Borer , Andres M. Grajales , Mark L. Vinson , Judith E. Rivlin , and Teague P. Paterson .

Rebecca J. Osborne , Deputy Solicitor, Federal Labor Relations Authority, argued the cause for respondent. With her on the brief were Noah Peters , Solicitor, and Sarah C. Blackadar and Joshua D. Brown , Attorneys.

Joseph F. Busa , Attorney, U.S. Department of Justice, argued the cause for intervenors. With him on the brief were Brian M. Boynton , Acting Assistant Attorney General, and Melissa N. Patterson , Attorney.

Before: Millett, Katsas, and Rao, Circuit Judges.


The Federal Service Labor-Management Relations Statute grants the heads of federal agencies the right to review collective bargaining agreements before they go into effect. Once an agreement passes such review, the Statute forbids enforcement of new regulations that conflict with the agreement. The question presented is whether...

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