DEPARTMENT OF JUSTICE, Immigration and Naturalization Service, Northern Region, Twin Cities, Minnesota, Petitioner,
v.
FEDERAL LABOR RELATIONS AUTHORITY, Respondent.
National Border Patrol Council, American Federation of Government Employees, AFL-CIO, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 12, 1998.
Decided May 29, 1998.
Attorney(s) appearing for the Case
Howard S. Scher, Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the briefs were Frank W. Hunger, Assistant Attorney General, and William Kanter, Attorney.
David M. Smith, Solicitor, Federal Labor Relations Authority, argued the cause for respondent. With him on the brief was Shari Polur, Attorney.
Mark D. Roth and Stuart A. Kirsch were on the brief for intervenor National Border Patrol Council. Charles A. Hobbie entered an appearance.
Before: RANDOLPH, ROGERS and TATEL, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
TATEL, Circuit Judge:
On remand from this court's decision in U.S. Department of Justice v. FLRA,39 F.3d 361 (D.C.Cir.1994), the Federal Labor Relations Authority found that a government employer committed an unfair labor practice by refusing to provide documents requested by a union representing an employee in a disciplinary action. Because the Authority properly concluded both that the union sought the documents in its capacity...
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