American Federation of Government Employees, Local 2544 v. Federal Labor Relations Authority

Today’s decision, with all respect, is at odds with fundamental principles of law which govern the sensitive relationship between the Article II and Article III branches of the National government. I am constrained, for the reasons which follow, to register my dissent.

I

Confronted with a well-publicized scandal 1 over alleged on-the-job misconduct by a number of Border Patrol agents stationed in Arizona, the INS Commissioner instructed the agency’s Office of Professional Responsibility (OPR), based in Washington, D.C., to complete an inquiry into the charges “as soon as possible.” J.A. at 79.…