General Services Administration Region 2, International Brotherhood of Police Officers Local 529, and Police Benevolent Association-Federal Protection Service Region 2 (Authority decision, May 29, 1987)

Final FLRA representation decision. The Authority denies review of the Regional Director's Decision and Order, ending the proceeding before the Authority. Under 5 U.S.C. § 7123(a), an aggrieved person generally has 60 days after issuance to seek judicial review of a final Authority order. Section 7123(a)(2) excludes orders involving appropriate-unit determinations under § 7112. This release does not describe the underlying ruling, so it does not establish whether that exclusion applies.

Plain-English summary

The Police Benevolent Association-Federal Protection Service, Region 2 asked the Authority to review a Regional Director's decision in a representation case involving GSA Region 2 and International Brotherhood of Police Officers Local 529. It claimed that the Regional Director had made clearly erroneous factual findings that prejudiced its rights. The Authority found that the findings rested on record evidence and that the association had shown only disagreement with them. It denied review without describing the underlying unit decision in this release.

Decision snapshot

• Authority: Application for review under 5 C.F.R. § 2422.17(c) and (f)(3).
• Outcome: Intervenor's application for review denied; Regional Director's order remains in place.
• Key point: Disagreement with record-supported findings did not show a compelling reason for Authority review.

Full text (FLRA public release)

[ v27 p361 ]

27:0361(48)CU

The decision of the Authority follows:

27 FLRA No. 48

GENERAL SERVICES ADMINISTRATION,
REGION 2
Activity

and

INTERNATIONAL BROTHERHOOD OF
POLICE OFFICERS, LOCAL 529 (NAGE)
Petitioner

and

POLICE BENEVOLENT ASSOCIATION-
FEDERAL PROTECTION SERVICE, REGION 2
Intervenor

Case No. 1-CU-60004
1-AC-60002

ORDER DENYING APPLICATION FOR REVIEW

On April 20, 1987, the Police Benevolent Association-Federal Protection Service, Region 2, the Intervenor, filed a timely application for review pursuant to section 2422.17(a) of the Authority's Rules and Regulations, seeking to set aside the Regional Director's Decision and Order in the above-named case. In its application for review, the Intervenor contends that compelling reasons exist within the meaning of section 2422.17(c) of the Authority's Rules and Regulations for granting the application. Specifically, it contends that the Regional Director's conclusions on substantial factual issues were clearly erroneous and prejudically affected the Intervenor's rights.

Upon consideration of the Intervenor's application for review, we conclude that no compelling reasons exist for granting the application. Rather, the application expresses mere disagreement with the Regional Director's findings, which are based on record evidence and have not been shown to be clearly erroneous or to have prejudicially affected the rights of any party.

Accordingly, pursuant to section 2422.17(f)(3) of the Authority's Rules and Regulations, the Intervenor's application for review of the Regional Director's Decision and Order is denied.

Issued, Washington, D.C., May 29, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY