National Treasury Employees Union v. Federal Labor Relations Authority, United States Customs Service, Intervenor

DUNIWAY, Circuit Judge:

This case arises from an unfair labor practice proceeding under the Civil Service Reform Act of 1978, 5 U.S.C. § 7101 et seq. (Supp. V 1981). At issue is whether denial by the Federal Labor Relations Authority of a status quo ante make-whole remedy was an abuse of the Authority’s discretion. We hold that there was no abuse of discretion, and affirm the order of the Authority.

I. The Facts.

The facts are stipulated by the parties. In September 1979, the United States Customs Service informed the National Treasury Employees Union that Customs planned to establish, in…