46:0492(44)CA - - Justice and INS and AFGE, National Border Patrol Council - - 1992 FLRAdec CA - - v46 p492



[ v46 p492 ]
46:0492(44)CA
The decision of the Authority follows:


46 FLRA No. 44

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF JUSTICE

AND

U.S. IMMIGRATION AND NATURALIZATION SERVICE

(Respondents)

and

(AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

NATIONAL BORDER PATROL COUNCIL

(Charging Party)

WA-CA-20422

ORDER

November 5, 1992

Pursuant to 5 C.F.R. § 2423.22(b)(4) of the Authority's Regulations, the Respondents have filed a request for (1) special permission to file an interlocutory appeal of the Judge's Order rejecting the Respondents' motions; (2) review of the Judge's "de facto grant of partial summary judgment"; and/or:

(3) additionally, or alternatively, other extraordinary relief in the form of an amendment to the [Judge's] Order, or an instruction to the [Judge] directing him to disregard a finding which he made regarding a disputed fact in the circumstance where the disputed fact was not subject to resolution in the context of a ruling on a cross-motion for summary judgment.

The General Counsel has filed an opposition to Respondent's request.

The Authority's Regulations provide that the Authority "ordinarily will not consider interlocutory appeals." 5 C.F.R. § 2429.11. An interlocutory appeal is granted only when extraordinary circumstances are present. For example, Department of Transportation and Federal Aviation Administration, 32 FLRA 158 (1988).

The Respondents' have not demonstrated extraordinary circumstances for granting its request. Accordingly, the request is denied.

For the Authority.

_________________________________
Alicia N. Columna
Director, Case Control Office




FOOTNOTES:
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