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DEPT. OF JUSTICE v. F.L.R.A.

No. 92-4149.

991 F.2d 285 (1993)

DEPARTMENT OF JUSTICE, United States Immigration and Naturalization Service, United States Border Patrol, El Paso, TX, Petitioner-Cross-Respondent, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

May 26, 1993.

Attorney(s) appearing for the Case

Marc Richman, William Kanter, U.S. Dept. of Justice, Civ. Div., Washington, DC, for petitioner.

William R. Tobey, Dep. Sol., James F. Blandford, Washington, DC, William E. Persina, Sol., F.L.R.A., for Federal Labor Relations Authority.

Anne M. Wagner, Mark D. Roth, Gen. Counsel, Washington, DC, for AFGE.

Before JOLLY, DAVIS, and JONES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

We review a Federal Labor Relations Authority ("FLRA") decision concerning a union's demand for documents from a government agency. The FLRA argues that the United States Border Patrol committed an unfair labor practice ("ULP") when it refused to produce a mountain of material relating to a member-officer's claim that he was unfairly given a low performance rating.

The Federal Service Labor Management Relations Statute ("FSLMRS...

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