United States DC Circuit

Regulations establishing a human resources management system involving Department of Homeland Security (DHS) employees are held to have failed to "ensure that employees may...bargain collectively," as the Homeland Security Act (HSA) requires, in two respects: 1) the Department's attempt to reserve to itself the right to unilaterally abrogate lawfully negotiated and executed agreements was plainly unlawful; and 2) the regulations violated the HSA insofar as they limited the scope of bargaining to employee-specific personnel matters.

Appellate Information

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

Judges

• Before:  RANDOLPH and GRIFFITH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellees:
  
• Thomas M. Bondy, Attorney, U.S. Department of Justice, argued the cause for appellants/cross-appellees.   With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, William G. Kanter, Deputy Director, Tara Leigh Grove, Attorney, Leland E. Beck, Counsel, Department of Homeland Security, and Mark A. Robbins, David B. Scholl, and Robin M. Richardson, Counsel, Office of Personnel Management., Gregory O'Duden argued the cause for appellees/cross-appellants.   With him on the briefs were Elaine D. Kaplan, Larry J. Adkins, Robert H. Shriver, III, Mark D. Roth, Susan Tsui Grundmann, Kim D. Mann, Sally M. Tedrow, Robert Matisoff, and Keith R. Bolek.  Charles A. Hobble entered an appearance.