U.S. Immigration and Naturalization Service,petitioner/cross-respondent, v. Federal Labor Relations Authority, Respondent/cross-petitioner.national Treasury Employees Union (nteu), Amicus, 967 F.2d 596 (9th Cir. 1992)

MEMORANDUM^* 

The United States Immigration and Naturalization Service petitions for review of an order of the Federal Labor Relations Authority permitting border agents working for the INS to wear union insignias on their uniforms while on duty. The FLRA makes a cross-application for enforcement of its order.

The Authority acknowledges that its decision is inconsistent with this court's decision in I.N.S. v. Federal Labor Relations Authority, 855 F.2d 1454 (9th Cir. 1988) ("INS I "), a decision binding on this panel. The Authority notes that the reasoning of this court's decision in INS I is criticized by the Fifth Circuit in United States Dept. of Justice v. Federal Labor Relations Authority, 955 F.2d 998 (5th Cir. 1992). Even under the Fifth Circuit's reasoning, however, the FLRA's decision here, that the Service committed an unfair labor practice when it ordered agents to remove union pins, is unsound and would be found unenforceable.

The petition for review is GRANTED and the Authority's decision is set aside. A cross-petition for enforcement is DENIED.