National Association of Agriculture Employees v. Federal Labor Relations Authority

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NATIONAL ASSOCIATION OF 

AGRICULTURE EMPLOYEES,

Petitioner, v. No. 06-71671

FEDERAL LABOR RELATIONS

AUTHORITY,  FLRA No.

WA-RP-04-0067

Respondent, OPINION and

CUSTOMS AND BORDER PROTECTION,

Intervenor.  On Petition for Review of an Order of the Federal Labor Relations Authority

Argued and Submitted October 16, 2006—Pasadena, California

Filed January 10, 2007

Before: John R. Gibson,* Raymond C. Fisher and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Fisher

*The Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation.

191 194 NAT’L ASSOC. OF AGRI. v. FLRA

COUNSEL

Kim D. Mann (argued) and Kathleen C. Jeffries, Scopelitis, Garvin, Light & Hanson, P.C., Washington, D.C., for peti- tioner National Association of Agriculture Employees.

William R. Tobey and William E. Persina (argued), Washing- ton, D.C., for respondent Federal Labor Relations Authority.

Peter D. Keisler, William Kanter and Howard S. Scher (argued),…