United States Department of Justice, Immigration and Naturalization Service, Border Patrol, El Paso, Texas v. Federal Labor Relations Authority

E. GRADY JOLLY, Circuit Judge:

The question in this case is whether uniformed border patrol agents have either the statutory or constitutional right to wear union lapel pins on their uniforms. The administrative law judge and the Federal Labor Relations Authority (FLRA) both held that the INS committed unfair labor practices when it required an agent to remove his pin and later gave him a lower appearance rating for wearing it.

On appeal, the FLRA and the amicus union argue that both the statute, which protects the right to “assist labor organizations,” and the First Amendment, which protects…