NATIONAL TREASURY EMPLOYEES UNION, v. FEDERAL LABOR RELATIONS AUTHORITY,, 30 F.3d 1510 (D.C. Cir. 1994)
. . . There is thus the possibility that if we find the union’s proposal consistent with § 430.504(d), and . . . Even if OPM issues an authoritative interpretation of § 430.504(d) and relies upon that interpretation . . . Second, our decision on § 430.504(d) will define the legal limits for its interpretation, subject (as . . . Second, we might find that the union’s proposal is consistent with a reasonable reading of § 430.504( . . . In sum, we disagree with the FLRA that the union’s proposal intrudes upon discretion that § 430.504(d . . . petition that will not be subject to review by OPM: if we hold that the union’s proposal conflicts with § 430.504 . . . this petition for review is whether the union’s performance award proposal conflicts with 5 C.F.R. § 430.504 . . . award proposal, OPM may also be called upon to decide whether the union’s proposal conflicts with § 430.504 . . . OPM’s ability to disapprove a performance award plan based on its incompatibility with § 430.504(d) thus . . .
