United States Immigration and Naturalization Service, United States Border Patrol, Del Rio, Texas and American Federation of Government Employees, National Border Patrol Council, Local 2366 (Authority decision, December 10, 1992)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority dismissing an unfair labor practice complaint. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

The Del Rio Border Patrol reduced the number of agents assigned to a checkpoint. An unfair labor practice complaint alleged that it should have given AFGE Local 2366 notice and a chance to bargain over the change's impact and implementation. An administrative law judge found no violation. The Authority adopted the judge's findings and dismissed the complaint. It also declined to overturn the judge's witness credibility findings on the record presented.

Decision snapshot

• Authority: Bargaining duty and unfair labor practices under 5 U.S.C. § 7116(a)(1) and (5).
• Outcome: Complaint dismissed; no violation found.
• Key point: The Authority adopted the judge's finding that the checkpoint staffing reduction did not violate the cited bargaining duty.

Full text (FLRA public release)

[ v46 p923 ]
46:0923(84)CA

The decision of the Authority follows:

46 FLRA No. 84

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

UNITED STATES IMMIGRATION AND NATURALIZATION
SERVICE

UNITED STATES BORDER PATROL

DEL RIO, TEXAS

(Respondent/Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

NATIONAL BORDER PATROL COUNCIL, LOCAL 2366,
AFL-CIO

(Charging Party/Union)

6-CA-10606

_____

DECISION AND ORDER

December 10, 1992

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent had not violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by reducing the number of agents assigned to a Border Patrol Station checkpoint without providing the Charging Party with notice and an opportunity to negotiate over the impact and implementation of the change. The General Counsel filed exceptions to the Judge's decision.(*) The Respondent filed an opposition to the General Counsel's exceptions.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.

II. ORDER

The complaint is dismissed.

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

/ 1The General Counsel's
exceptions relate in part to credibility findings made by the Judge. The demeanor of witnesses is an important factor in resolving issues of credibility. Only the Judge has had the benefit of observing the witnesses while they testified. We will not overrule a judge's determination regarding credibility of witnesses unless a clear preponderance of all the relevant evidence demonstrates that the determination was incorrect. We have examined the record carefully and find no basis for reversing the Judge's credibility findings. U.S. Department ofTransportation, Federal Aviation Administration, Southwest Region, Airways Facilities Sector, Austin, Texas, 43 FLRA 1581, 1582 n..