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U.S. DEPT. OF HOMELAND v. FEDERAL LABOR RELATIONS

Nos. 12-1457, 13-1073.

751 F.3d 665 (2014)

UNITED STATES DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. National Treasury Employees Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 2014.

Attorney(s) appearing for the Case

Howard S. Scher, Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the briefs were Stuart F. Delery, Deputy Attorney General, and Leonard Schaitman, Attorney.

Zachary R. Henige, Attorney, Federal Labor Relations Authority, argued the cause for respondent. On the brief were Rosa M. Koppel, Solicitor, and Douglas E. Callahan, Attorney.

Julie M. Wilson argued the cause for intervenor. With her on the brief were Gregory O'Duden, Larry J. Adkins, and Jacob Heyman-Kantor.

Circuit Judge HENDERSON concurs in the judgment.

EDWARDS, Senior Circuit Judge:

This case presents a petition for review filed by the United States Department of Homeland Security ("DHS") challenging a decision by the Federal Labor Relations Authority ("FLRA" or "Authority"). The dispute arose with the FLRA on a negotiability appeal filed by the National Treasury Employees Union ("NTEU" or "Union") under 5 U.S.C. § 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute ("FSLMRS").

NTEU...

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