United States Ninth Circuit

Petition by a union for review of agency defendant's decision that a proposal regarding geographically based pay for employees was outside the Comptroller of the Currency's duty to bargain is denied where defendant's conclusion was neither arbitrary nor capricious.

Appellate Information

• Argued 12/09/2005
• Decided 01/23/2006
• Published 01/23/2006

Judges

• HOLLAND, District Judge., Before KOZINSKI and W. FLETCHER, Circuit Judges, and H. RUSSEL HOLLAND, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kerry L. Adams, Associate General Counsel, Nat. Treasury Employees Union, Washington, D.C., argued the cause for the petitioner;  Gregory O'Duden, General Counsel, and Barbara A. Atkin, Deputy General Counsel, Nat. Treasury Employees Union, Washington, D.C., were on the briefs., Ellen M. Warwick, Counsel, Office of the Comptroller of the Currency, Washington, D.C., argued the cause for the intervenor;  Julie L. Williams, First Senior Deputy Comptroller and Chief Counsel, Daniel P. Stipano, Counsel, and David C. Kane, Counsel, Office of the Comptroller of the Currency, Washington, D.C., were on the brief.


• For Appellees:
  
• James F. Blandford, Federal Labor Relations Authority, Washington, D.C., argued the cause for the respondent;  David M. Smith, Solicitor, and William R. Tobey, Deputy Solicitor, Federal Labor Relations Authority, Washington, D.C., were on the brief.