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U.S. DEPT. OF JUSTICE v. FLRA

No. 91-4153.

955 F.2d 998 (1992)

UNITED STATES DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, BORDER PATROL, EL PASO, TEXAS, Petitioner Cross-Respondent, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

March 19, 1992.

Attorney(s) appearing for the Case

E. Roy Hawkens, William Kanter, Attys., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., for petitioner cross-respondent.

James F. Blandford, Atty., William E. Persina Sol., F.L.R.A., William R. Tobey, Deputy, Arthur A. Horowitz, Associate Sol., Washington, D.C., for respondent cross-petitioner.

Judith D. Galat, Mard D. Roth, General Counsel, Am. Fed. of Gov't Emp., Washington, D.C., for intervenor Am. Fed. of Gov't Emp., N.B.P.C.

Barbara A. Atkin, Gregory O'Duden, N.T.E.U., Washington, D.C., for National Treasury Empl. Union.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The question in this case is whether uniformed border patrol agents have either the statutory or constitutional right to wear union lapel pins on their uniforms. The administrative law judge and the Federal Labor Relations Authority (FLRA) both held that the INS committed unfair labor practices when it required an agent to remove his pin and later gave him a lower appearance rating for wearing it.

On appeal, the FLRA and the...

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