32:0089(11)AR - - Justice, INS and AFGE, National Border Patrol Council - - 1988 FLRAdec AR - - v32 p89



[ v32 p89 ]
32:0089(11)AR
The decision of the Authority follows:


32 FLRA No. 11

UNITED STATES OF AMERICA
BEFORE THE
FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.

UNITED STATES DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
Agency

and 

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, NATIONAL BORDER PATROL
COUNCIL
Union

Case No. 0-AR-1444
(31 FLRA 1123)

ORDER AMENDING DECISION

Following the issuance of our decision in the above-entitled matter, the Union requested clarification of the portion of the decision concerning Article 4, Section H. The Union states that the wording of that provision which was quoted in the decision differs slightly from the wording of the provision which was imposed by the Arbitrator. The Agency did not file an opposition to the Union's request.

We grant the Union's request. The quotation of Article 4, Section H in our decision reflected, in part, the Arbitrator's explanation of the provision he imposed on the parties, rather than the wording of the provision itself. The wording for Article 4, Section H in our decision should read as follows:

Article 4 - Rights and Obligations

Section H. Any inquiry into an employee's off-duty conduct must be based on activity which, if verified, would have a nexus to the employee's official position. The Service and Union agree that the conduct of employees while off duty shall result in action concerning the employee only when there is a nexus between that conduct and the employee's official position. Employees will not be subjected to harassment or frivolous inquiries.

We have issued a corrected copy of the decision, which substitutes the correct wording for Article 4, Section H, in Section VI. of the decision. Slip op. at 9; 31 FLRA at 1131.

Issued, Washington, D.C,

_____________________________
Jerry L. Calhoun, Chairman
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY




FOOTNOTES:
(If blank, the decision does not ha