United States Ninth Circuit

A petition for review brought by the IRS of an order by the Federal Labor Relations Authority (FLRA) finding, inter alia, that the IRS committed an unfair labor practice in refusing to implementing an arbitrator's award in a compensation dispute is denied, and the FLRA's cross-petition for enforcement granted, where: 1) the Portal-to-Portal Act exception for compensation for travel time must be read in conjunction with the FLSA under these circumstances; and 2) the government's sovereign immunity was waived because the FLSA expressly waives sovereign immunity.

Appellate Information

• Argued 12/05/2007
• Decided 04/03/2008
• Published 04/03/2008

Judges

• COWEN, Circuit Judge:, Before:  ALEX KOZINSKI, Chief Judge, ROBERT E. COWEN, and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Barbara A. Atkin, Esq., Julie M. Wilson, Esq., Gregory O'Duden, Esq., National Treasury Employers Union, Washington, DC, for the intervenor.


• For Appellees:
  
• William G. Kanter, Esq., Christine N. Kohl, Esq., U.S. Department of Justice, Washington, DC, for the petitioner-respondent., David M. Smith, William R. Tobey, Esq., David M. Shewchuk, Esq., and James F. Blandford, Esq., Federal Labor Relations Authority, Washington, DC, for the respondent-petitioner.