National Treasury v. Flra

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, Federal Labor Relations Authority, Washington, DC, for the respondent.

Howard S. Scher; Peter D. Keisler, Assistant Attorney General ; William Kanter, Department of Justice, Civil Division, Appellate Staff, Washington, DC; James N. DeStefano, Associate Chief Counsel; David Goldfarb, Assistant Chief Counsel ; Caroline M. Blessey, Assistant Chief Counsel, United States Customs and Border Protection, United States Department of Homeland Security, Washington, DC, for the intervenor .

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.