United States Immigration & Naturalization Service v. Federal Labor Relations Authority

The UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, UNITED STATES BORDER PATROL (INS) appeals the ruling of the FEDERAL LABOR RELATIONS AUTHORITY (FLRA) that the proposal of the NATIONAL BORDER PATROL COUNCIL, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 1613, AFL-CIO (UNION), which would allow Border Patrol agents to wear bullet proof vests over their uniform shirts, was subject to negotiation under 5 U.S.C. § 7106 (b)(3).

JURISDICTION

We have jurisdiction to review the ruling of the FLRA pursuant to 5 U.S.C. § 7123 . We review on the record to determine if the action of the FLRA was arbitrary, capricious or an abuse of discretion or otherwise not in accordance with law. 5 U.S.C. §§ 7123 (c) and 706(2)(A). Bureau of Land Management v. FLRA, 864 F.2d 89 (9th Cir.1988).

THE FACTS

The United States Border Patrol is a uniformed, mobile, paramilitary force. The uniform reflects the identity of the wearer as a Border Patrol Officer and the rank of the officer. INS. considers it an enhancement to the morale, discipline, esprit de corps, uniformity, recognition, identification and professional appearance of the officers.

The INS has a policy that gives the individual…