National Treasury Employees Union v. Ricki Helfer, Chair, Federal Deposit Insurance Corporation

Opinion for the court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Appellants National Treasury Employees Union and two of its members (“NTEU”) appeal from the grant of summary judgment upholding Office of Personnel Management (“OPM”) regulations allowing the Federal Deposit Insurance Corporation (“FDIC”) to bypass the competitive service hiring process for certain employees in its Division of Liquidation. NTEU challenged the regulations under the Administrative Procedure Act, 5 U.S.C. § 706(2)(A), as arbitrary, capricious, and contrary to the civil service laws, but the district court…