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United States Ninth Circuit


Nat'l Ass'n of Agric. Workers v. Fed. Labor Relations Auth., 06-71671

A determination by the Federal Labor Relations Authority (FLRA) that agricultural specialists are nonprofessionals was a component of an appropriate unit determination, and thus, the court lacks jurisdiction to review it under the Federal Service Labor-Management Relations Statute (FSLMRS).

Appellate Information

  • Argued 10/16/2006
  • Decided 01/10/2007
  • Published 01/10/2007

Judges

  • FISHER, Circuit Judge., Before JOHN R. GIBSON,FISHER and CALLAHAN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Kim D. Mann (argued) and Kathleen C. Jeffries, Scopelitis, Garvin, Light & Hanson, P.C., Washington, D.C., for petitioner National Association of Agriculture Employees., Peter D. Keisler, William Kanter and Howard S. Scher (argued), Civil Division, U.S. Department of Justice, Washington, D.C., and Julie A. Murphy, Office of the Chief Counsel, Bureau of Customs and Border Protection, for intervenor Customs and Border Protection., Gregory O'Duden, Elaine Kaplan, Larry J. Adkins and Robert H. Shriver, III, Washington, D.C., for amicus National Treasury Employees Union.

  • For Appellees:
  • William R. Tobey and William E. Persina (argued), Washington, D.C., for respondent Federal Labor Relations Authority.
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