National Treasury v. Flra

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 19, 2007
• Docket: 05-76783
• Status: Published

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NATIONAL TREASURY EMPLOYEES  UNION (NTEU), Petitioner, v. No. 05-76783 FEDERAL LABOR RELATIONS FLRA Nos. AUTHORITY, Respondent,  SF-CA-02-0003 SF-CA-02-0060 and SF-CA-03-0183 UNITED STATES CUSTOMS AND OPINION BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Intervenor.  On Petition for Review of an Order of the Federal Labor Relations Authority

Argued and Submitted December 5, 2007—San Francisco, California

Filed December 19, 2007

Before: Alex Kozinski, Chief Judge, Robert E. Cowen* and Michael Daly Hawkins, Circuit Judges.

Per Curiam Opinion

*The Honorable Robert E. Cowen, Senior United States Circuit Judge for the Third Circuit, sitting by designation.

16551 16552 NTEU v. FLRA

COUNSEL

Robert H. Shriver, III; Gregory O’Duden, General Counsel; Elaine Kaplan, Senior Deputy General Counsel; Larry J. Adkins, Deputy General Counsel; Julie M. Wilson, Assistant Counsel, National Treasury Employees Union, Washington, DC, for the petitioner.

James F. Blandford; William R. Tobey, Acting Solicitor, Fed- eral Labor Relations Authority, Washington, DC, for the respondent.

Howard S. Scher; Peter D. Keisler, Assistant Attorney Gen- eral; William Kanter, Department of Justice, Civil Division, Appellate Staff, Washington, DC; James N. DeStefano, Asso- ciate Chief Counsel; David Goldfarb, Assistant Chief Coun- sel; Caroline M. Blessey, Assistant Chief Counsel, United States Customs and Border Protection, United States Depart- ment of Homeland Security, Washington, DC, for the interve- nor.

OPINION

PER CURIAM:

We deny the petition for review for the reasons given by the D.C. Circuit in National Treasury Employees Union v. NTEU v. FLRA 16553 Federal Labor Relations Authority, 453 F.3d 506, 511-12 (D.C. Cir. 2006), whose rationale we adopt as our own.

PETITION DENIED.