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NATIONAL TREASURY EMPLOYEES UNION v. WEISE

No. 95-5149.

100 F.3d 157 (1996)

NATIONAL TREASURY EMPLOYEES UNION, Appellant, v. George J. WEISE, Commissioner, United States Customs Service, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 19, 1996.

Attorney(s) appearing for the Case

Elaine D. Kaplan argued the cause for appellant. With her on the briefs was Gregory O'Duden. Clinton D. Wolcott entered an appearance.

Fred E. Haynes, Assistant United States Attorney, argued the cause for appellee. With him on the brief were Eric H. Holder, Jr., United States Attorney, R. Craig Lawrence and Michael J. Ryan, Assistant United States Attorneys.

Before: WILLIAMS, GINSBURG, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge Randolph.

RANDOLPH, Circuit Judge:

The National Treasury Employees Union is the bargaining representative for employees of the United States Customs Service, an agency within the Department of the Treasury. The union brought this action to challenge an interim rule of the Customs Service defining a "customs officer" entitled to receive overtime and premium pay under 19 U.S.C. § 267, as revised in 1993.

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