U.S. Department of Justice, Immigration and Naturalization Service and American Federation of Government Employees, National Border Patrol Council (Authority decision, May 11, 1988)

Final FLRA decision. The Authority grants the union's request to correct the wording of Article 4, Section H quoted in its earlier decision. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves one.

Plain-English summary

The Border Patrol Council told the Authority that its earlier decision had quoted an arbitrator's explanation of a contract provision instead of the provision itself. The Justice Department did not oppose the request. The Authority agreed and issued a corrected copy of its earlier decision. The corrected provision limits inquiries into employees' off-duty conduct to matters with a connection to their official positions and bars harassment and frivolous inquiries.

Decision snapshot

• Authority: Amendment of the Authority's earlier arbitration decision.
• Outcome: Union's correction request granted; quoted contract language amended.
• Key point: The corrected decision quotes the actual provision imposed by the arbitrator.

Full text (FLRA public release)

[ v32 p89 ]
32:0089(11)AR

The decision of the Authority follows:

32 FLRA No. 11

UNITED STATES OF AMERICA

BEFORE THE

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

UNITED STATES DEPARTMENT OF JUSTICE

IMMIGRATION AND NATURALIZATION SERVICE

Agency

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, NATIONAL BORDER PATROL

COUNCIL

Union

Case No. 0-AR-1444

(31 FLRA 1123)

ORDER AMENDING DECISION

Following the issuance of our decision in the
above-entitled matter, the Union requested clarification of the portion of the decision concerning Article 4, Section H. The Union states that the wording of that provision which was quoted in the decision differs slightly from the wording of the provision which was imposed by the Arbitrator. The Agency did not file an opposition to the Union's request.

We grant the Union's request. The quotation of Article 4, Section H in our decision reflected, in part, the Arbitrator's explanation of the provision he imposed on the parties, rather than the wording of the provision itself. The wording for Article 4, Section H in our decision should read as follows:

Article 4 - Rights and Obligations

Section H. Any inquiry into an employee's
off-duty conduct must be based on activity which, if verified, would have a nexus to the employee's official position. The Service and Union agree that the conduct of employees while off duty shall result in action concerning the employee only when there is a nexus between that conduct and the employee's official position. Employees will not be subjected to harassment or frivolous inquiries.

We have issued a corrected copy of the decision, which substitutes the correct wording for Article 4, Section H, in Section VI. of the decision. Slip op. at 9; 31 FLRA at 1131.

Issued, Washington, D.C,

_____
Jerry L. Calhoun,
Chairman
Jean McKee, Member
FEDERAL LABOR RELATIONS
AUTHORITY

FOOTNOTES:
(If blank, the decision does not
have footnotes.)