United States DC Circuit

A union's petition for review of a decision of the Federal Labor Relations Authority (FLRA) upholding an arbitration award in favor of the United States Bureau of Customs and Border Protection (Customs) is denied where the FLRA's decision, finding that Customs had effectively revoked its earlier consent to bargain over certain issues, was not arbitrary, capricious or otherwise contrary to law.

Appellate Information

• Argued 04/27/2006
• Decided 06/27/2006
• Published 06/27/2006

Judges

• Before:  SENTELLE, HENDERSON and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert H. Shriver, III argued the cause for the petitioner.  Gregory O'Duden, Elaine D. Kaplan and Larry J. Adkins were on brief., William G. Kanter, Deputy Director, United State Department of Justice, argued the cause for the intervenor.  Peter D. Keisler, Assistant Attorney General, and Howard S. Scher, Attorney, United States Department of Justice, were on brief.  Sandra W. Simon, Attorney, United States Department of Justice, entered an appearance.


• For Appellees:
  
• James F. Blandford, Attorney, Federal Labor Relations Authority, argued the cause for the respondent.  William R. Tobey, Deputy Solicitor, Federal Labor Relations Authority, was on brief.