National Treasury v. Flra ( 2007 )

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.