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56 FLRA No. 120
United States Immigration and Naturalization Service Washington, D.C. and National Border Patrol Council AFGE, AFL-CIO, Case No. SF-CA-30165 (Decided September 26, 2000)
This unfair labor practice case came before the Authority on remand by the Authority in United States Immigration and Naturalization Service, Washington, D.C., and National Border Patrol Council American Federation of Government Employees, AFL-CIO, 55 FLRA 69 (1999) (Member Wasserman dissenting) (INS). The Judge concluded that the framework set forth in INS for determining whether an agency's failure to maintain the status quo violated section 7106(a)(6) of the Federal Service Labor-Management Relations Statute should be applied retroactively in this case. Applying INS, the Judge determined that the Respondent did not violate section 7106(a)(6). The Judge also determined that the complaint did not encompassed an independent violation of section 7116(a)(5) and that such violation was not fully and fairly litigated. The Authority, upon reviewing the entire record, adopted the Judge's findings, conclusions, and recommended order dismissing the complaint.
The Authority concluded that the Judge properly found that INS retroactively applied to resolve whether the Respondent violated section 7116(a)(6) of the Statute. The Authority also concluded that the Judge properly found that the alleged violation of section 7116(a)(5) should be dismissed.