NASA v. FLRA, 527 U.S. 229, 22 (1999)

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250

NASA v. FLRA

Thomas, J., dissenting

plinary actions taken against unit employees").2 The Authority recognized that the Inspector General Act grants an Inspector General, or IG, "a degree of freedom and independence from the parent agency." Id., at 615. It thought, however, that the Inspector General's autonomy "becomes nonexistent" when the IG's investigation concerns allegations of misconduct by agency employees in connection with their work and the information obtained during the investigation possibly would be shared with agency management. Ibid. As it further explained: "[I]n some circumstances, NASA, OIG performs an investigatory role for NASA [headquarters] and its subcomponents, specifically [the Marshall Center]." Id., at 616 (emphasis added). Moreover, the Authority reasoned, the Inspector General "plays an integral role in assisting the agency and its subcomponent offices in meeting the agency's objectives." Id., at 617. In light of all this, the Authority concluded:

"Plainly, the IG represents and safeguards the entire agency's interests when it investigates the actions of the agency's employees. Such activities support, rather than threaten, broader agency interests and make the IG a participant, with other agency components, in meeting various statutory obligations, including the agency's labor relations obligations under the Statute." Ibid.

2 The Authority also relied on a policy ground here. It asserted that there was "no basis in the Statute or its legislative history to make the existence of [the representational rights provided by § 7114] dependent upon the organizational entity within the agency to whom the person conducting the examination reports." 50 F. L. R. A., at 615. It elaborated, in a footnote, that "[i]f such were the case, agencies could abridge bargaining unit rights and evade statutory responsibilities under section 7114(a)(2)(B), and thus thwart the intent of Congress, by utilizing personnel from other subcomponents (such as the OIG) to conduct investigative interviews of bargaining unit employees." Id., at 615, n. 12.

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