Legal Opinion
Department of Justice Immigration and Naturalization Service, Border Patrol, El Paso, Texas v. Federal Labor Relations Authority
Court of Appeals for the Fifth Circuit
Decided August 26, 1991No. 90-4599PublishedCited by 2 opinions
1Opinion of the Court
CLARK, Chief Judge:
The Immigration and Naturalization Service (INS) petitions for review of a decision and order of the Federal Labor Relations Authority (FLRA) which held that INS committed an unfair labor practice in violation of 5 U.S.C. § 7116. The FLRA misapplies for enforcement of its order. We grant the petition for review, vacate the decision and order, and deny enforcement at this time, but remand to consider an important unresolved fact issue.
I. Background.
A. Facts.
In April 1987, a building burned on the Mexican side of the border near El Paso, Texas. The Mexican government filed a…
2Cases cited5 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- National Labor Relations Board v. J. Weingarten, Inc.Supreme Court of the United States · 1975
- Bureau of Alcohol, Tobacco & Firearms v. Federal Labor Relations AuthoritySupreme Court of the United States · 1983
- American Federation of Government Employees, Afl-Cio, National Council of Grain Inspection Locals v. Federal Labor Relations AuthorityCourt of Appeals for the Fifth Circuit · 1986
- Defense Criminal Investigative Service (Dcis), Department of Defense (Dod), in No. 87-3758 v. Federal Labor Relations Authority, American Federation of Government Employees (Afge), Intervenor. Defense Criminal Investigative Service, Department of Defense v. Federal Labor Relations Authority, in No. 87-3863Court of Appeals for the Third Circuit · 1988
3Cited by2 opinions
- Federal Labor Relations Authority v. United States Department of Defense, United States Department of NavyCourt of Appeals for the Fifth Circuit · 1992
- Federal Labor Relations Authority, Petitioner-Cross-Respondent v. United States Department of Defense, United States Department of the Navy, Washington, D.C., and Navy Cbc Exchange, Construction Battalion Center, Gulfport, Mississippi, Respondents-Cross-Petitioners. Federal Labor Relations Authority, Petitioner-Cross-Respondent v. United States Department of Defense, Army and Air Force Exchange, Dallas, Texas, Respondent-Cross-PetitionerCourt of Appeals for the Fifth Circuit · 1992