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U.S. I.N.S., U.S. BORDER PATROL v. F.L.R.A.

Nos. 92-70119, 92-70218.

12 F.3d 882 (1993)

UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, UNITED STATES BORDER PATROL, Petitioner-Cross-Respondent, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent Cross-Petitioner, and National Border Patrol Council, American Federation of Government Employees, Local 1613, AFL-CIO, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided December 23, 1993.

Attorney(s) appearing for the Case

Douglas Ross, U.S. Dept. of Justice, Washington, DC, for petitioner-cross-respondent.

David M. Smith, Richard Zorn, Federal Labor Relations Authority, Washington, DC, for respondent-cross-petitioner.

Mark D. Roth, American Federation of Government Employees, AFL-CIO, Washington, DC, and Kevin M. Grile, American Federation of Government Employees, AFL-CIO, Chicago, IL, for intervenor.

Before: HUG and LEAVY, Circuit Judges and REAL, Chief District Judge.

REAL, Chief District Judge:

The UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, UNITED STATES BORDER PATROL (INS) appeals the ruling of the FEDERAL LABOR RELATIONS AUTHORITY (FLRA) that the proposal of the NATIONAL BORDER PATROL COUNCIL, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 1613, AFL-CIO (UNION), which would allow Border Patrol agents to wear bullet proof vests over their uniform shirts, was subject to negotiation under 5 U.S.C. § 7106(b)(3...

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