46:0923(84)CA - - INS, Border Patrol, Del Rio, TX and AFGE, National Border Patrol Council, Local 2366 - - 1992 FLRAdec CA - - v46 p923

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46 FLRA No. 84

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE

UNITED STATES BORDER PATROL

DEL RIO, TEXAS

(Respondent/Activity)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

NATIONAL BORDER PATROL COUNCIL, LOCAL 2366, AFL-CIO

(Charging Party/Union)

6-CA-10606

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DECISION AND ORDER

December 10, 1992

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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.

II. ORDER

The complaint is dismissed.

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FOOTNOTES:
(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.*.

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