46:0923(84)CA - - INS, Border Patrol, Del Rio, TX and AFGE, National Border Patrol Council, Local 2366 - - 1992 FLRAdec CA - - v46 p923
[ v46 p923 ]
The decision of the Authority follows:
46 FLRA No. 84
FEDERAL LABOR RELATIONS AUTHORITY
UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE
UNITED STATES BORDER PATROL
DEL RIO, TEXAS
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
NATIONAL BORDER PATROL COUNCIL, LOCAL 2366, AFL-CIO
DECISION AND ORDER
December 10, 1992
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent had not violated section 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) by reducing the number of agents assigned to a Border Patrol Station checkpoint without providing the Charging Party with notice and an opportunity to negotiate over the impact and implementation of the change. The General Counsel filed exceptions to the Judge's decision.(*) The Respondent filed an opposition to the General Counsel's exceptions.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.
The complaint is dismissed.
(If blank, the decision does not have footnotes.)
*/ 1The General Counsel's exceptions relate in part to credibility findings made by the Judge. The demeanor of witnesses is an important factor in resolving issues of credibility. Only the Judge has had the benefit of observing the witnesses while they testified. We will not overrule a judge's determination regarding credibility of witnesses unless a clear preponderance of all the relevant evidence demonstrates that the determination was incorrect. We have examined the record carefully and find no basis for reversing the Judge's credibility findings. U.S. Department ofTransportation, Federal Aviation Administration, Southwest Region, Airways Facilities Sector, Austin, Texas, 43 FLRA 1581, 1582 n.*.