What is the test for a union to be able to sue the federal government for discrimination against a unionized employee?

MultiRegion, United States of America

The following excerpt is from Jeffries v. Harleston, 52 F.3d 9 (2nd Cir. 1995):

Id. at ----, 114 S.Ct. at 1887 (emphasis added); see also United States v. Treasury Employees Union, --- U.S. ----, ---- n. 21, 115 S.Ct. 1003, 1018 n. 21, 130 L.Ed.2d 964 (1995) (quoting Waters to reaffirm that deference is given to government's reasonable predictions of harm when used to justify the punishment of isolated incidents of employee speech).

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