United States DC Circuit

Petition for review of an FLRA order disallowing a provision in a labor contract which would have required the National Guard to reimburse employees for certain expenses when it canceled their leave is denied where the Secretary of Defense acted reasonably in determining that the agency's liability under the provision would be so uncontrollable, so unforeseeable, and so unrelated to the agency's exercise of its right to assign work as to be excessive.

Appellate Information

• Argued 05/06/2008
• Decided 08/05/2008
• Published 08/05/2008

Judges

• GARLAND, Circuit Judge:, Before:  TATEL, GARLAND, and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Daniel M. Schember, argued the cause and filed the briefs, for petitioner.


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