U.S. DEPT. OF JUSTICE v. FED. LABOR REL. AUTHORITY

No. 93-1284.

39 F.3d 361 (1994)

UNITED STATES DEPARTMENT OF JUSTICE; Immigration and Naturalization Service, Northern Region, Twin Cities, Minnesota; Office of Inspector General, Washington, D.C.; and Office of Professional Responsibility, Washington, D.C., Petitioners, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, National Border Patrol Council; American Federation of Government Employees, AFL-CIO, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 4, 1994.

Rehearing Denied January 6, 1995.


Attorney(s) appearing for the Case

Howard S. Scher, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause, for petitioners. With him on the briefs were Frank W. Hunger, Asst. Atty. Gen., and William Kanter, William C. Owen and Scott D. Cooper, Attys., U.S. Dept. of Justice, Washington, DC. Wendy M. Keats, Washington, DC, entered an appearance.

David M. Smith, Sol., Federal Labor Relations Authority, Washington, DC, argued the cause, for respondent. With him on the brief were William R. Tobey, Deputy Sol., and Richard Zorn, Atty., Federal Labor Relations Authority, Washington, DC.

Alexia F. McCaskill, Charles A. Hobbie, Washington, DC, and Mark D. Roth, Chicago, IL, entered appearances, for intervenors Nat. Border Patrol Council and American Federation of Government Employees, AFL-CIO.

Before: BUCKLEY, SENTELLE, and RANDOLPH, Circuit Judges.


Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

A federal law enforcement officer came under investigation by his department's Office of Inspector General. A collective bargaining agreement existed between the officer's union and a departmental agency for whom the officer worked. The Inspector General operated independently of the agency. The principal questions are whether the Inspector...

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