United States DC Circuit

In suit brought by plaintiff union to have defendant's decision declared unlawful, which made it impossible for plaintiff to enforce an arbitration award in favor of operating room nurses at a VA medical center, dismissal for lack of subject matter jurisdiction is vacated as the court did have jurisdiction, however, the court should have ruled in favor of defendants.

Appellate Information

• Argued 10/27/2006
• Decided 01/16/2007
• Published 01/16/2007

Judges

• Before:  GINSBURG, Chief Judge, and SENTELLE and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Kevin M. Grile argued the cause for appellant.   With him on the briefs were Charles A. Hobbie and Mark D. Roth.


• For Appellees:
  
• Alan Burch, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant U.S. Attorney.  Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.