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 ]
48:0391(35)CA
The decision of the Authority follows:


48 FLRA No. 35

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

UNITED STATES BORDER PATROL

TUCSON SECTOR, TUCSON, ARIZONA

(Respondent)

and

NATIONAL BORDER PATROL COUNCIL

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 2544, AFL-CIO

(Charging Party/Union)

SA-CA-20236

(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.

II. Background

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