48:0391(35)CA - - U.S. Border Patrol, Tucson Sector, Tucson, AZ and National Border Patrol Council, AFGE, Local 2544, AFL-CIO - - 1993 FLRAdec CA - - v48 p391
[ v48 p391 ]
The decision of the Authority follows:
48 FLRA No. 35
FEDERAL LABOR RELATIONS AUTHORITY
UNITED STATES BORDER PATROL
TUCSON SECTOR, TUCSON, ARIZONA
NATIONAL BORDER PATROL COUNCIL
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2544, AFL-CIO
(47 FLRA 684 (1993))
ORDER GRANTING MOTION FOR RECONSIDERATION
AND REMANDING CASE
August 27, 1993
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This matter is before the Authority on the General Counsel's motion for reconsideration of our decision in 47 FLRA 684 (1993). The Respondent filed a response to the motion and the General Counsel filed a motion to strike the Respondent's response.(1)
For the reasons discussed below, we grant the General Counsel's motion and we will remand the case to the Regional Director for further processing.
This unfair labor practice case was transferred to the Authority by the Regional Director pursuant to a stipulation of facts under section 2429.1(a) of the Authority's Rules and Regulations. The complaint alleges that the Respondent violated section 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing and refusing to furnish information requested by the Union under section 7114(b)(4) of the Statute.
III. Our Decision in 47 FLRA 684
As is discussed in more detail in 47 FLRA 684, the Respondent proposed to suspend a unit employee for 90 days for failing to comply with Immigration and Naturalization Service policies and for conduct unbecoming an officer. After consideration of the Union's written reply, the Respondent decided to suspend the employee for 30 days. The Union timely invoked arbitration over the 30-day suspension under the parties' collective bargaining agreement. Subse