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56 FLRA No. 50
U.S. Department of Justice, Immigration and Naturalization Service, Washington, D.C. and AFGE, National Border Patrol Council, Case No. CA-8012 (Decided May 5, 2000)
The complaint, in this case, alleged that the Respondent violated section 7116(a)(1) and (5) of the Statute when it implemented a change in policy concerning body searches conducted by bargaining unit employees, without bargaining with the Charging Party over the Respondent's final revision of the policy. The Judge found that the Respondent violated section 7116(a)(1) and (5) of the Statute by implementing the body search policy while negotiable proposals were still on the bargaining table. As a result, the Judge ordered the Respondent to cease and desist from its unlawful conduct and bargain with the Charging Party upon its request. The Authority found that the Respondent violated section 7116(a)(1) and (5) of the Statute by failing to bargain with the Charging Party over the Respondent's final revision of its policy.