NASA v. FLRA, 527 U.S. 229, 21 (1999)

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Cite as: 527 U. S. 229 (1999)

Thomas, J., dissenting

Since an agency's stated reasons for decision are important in any case reviewing agency action, I summarize in some detail what the Authority actually said in this case. It began by stating its conclusion:

"We reach this conclusion based upon our determination that: (1) the term 'representative of the agency' under section 7114(a)(2)(B) should not be so narrowly construed as to exclude management personnel employed in other subcomponents of the agency; (2) the statutory independence of agency OIGs is not determinative of whether the investigatory interviews implicate section 7114(a)(2)(B) rights; and (3) section 7114(a)(2)(B) and the IG Act are not irreconcilable." 50 F. L. R. A., at 614.

The Authority headed its discussion of its first determination "Section 7114(a)(2)(B) Covers the Actions of Management Personnel Employed in Other Subcomponents of the Agency." Id., at 615. This statement appears to suggest OIG itself is part of agency management. But the remainder of the Authority's discussion appears to advance a different theory—one that OIG serves as agency management's agent because OIG inspectors ultimately report to NASA's Administrator, see ibid. (OIG's investigator, "although employed in a separate component from the MSFC, is an employee of and ultimately reports to the head of NASA"), and because OIG provides information to management that sometimes results in discipline to union employees, ibid. ("OIG not only provides investigatory information to NASA [headquarters] but also to other NASA subcomponent offices"); see also id., at 616 (Congress would regard an OIG investigator as a representative of the agency because "[t]he information obtained during the course of an OIG investigatory examination may be released to, and used by, other subcomponents of NASA to support administrative or disci-

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