Arlington National Cemetery and National Association of Government Employees, Local R4-93 (Authority decision, November 21, 1986)

Final FLRA decision. The Authority denies the cemetery's application to review a regional unit-clarification decision. Orders involving appropriate-unit determinations under 5 U.S.C. § 7112 are excluded from ordinary judicial review by 5 U.S.C. § 7123(a)(2).

Plain-English summary

Arlington National Cemetery asked the Authority to set aside a Regional Director's decision on a petition to clarify a bargaining unit. NAGE Local R4-93 opposed the request. The Authority found that the cemetery had shown disagreement with the regional findings but no compelling reason for review, clear error, or prejudice to a party's rights. It denied review, leaving the regional decision in place. The published order does not identify the particular positions involved.

Decision snapshot

• Authority: Regional decision review under 5 C.F.R. § 2422.17.
• Outcome: Regional unit clarification affirmed; application for review denied.
• Key point: Disagreement with precedent-based findings did not justify Authority review.

Full text (FLRA public release)

[ v24 p145 ]

24:0145(20)CU

The decision of the Authority follows:

24 FLRA No. 20

ARLINGTON NATIONAL CEMETERY
ANCIV-MMC
Activity

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R4-93, SEIU, AFL-CIO
Labor Organization

Case No. 3-CU-60007

ORDER DENYING APPLICATION FOR REVIEW

On September 30, 1986, Arlington National Cemetery, ANCIV-MMC (the Activity) 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 on Petition for Clarification of Unit in the above-named case. In its application for review, the Activity contends that compelling reasons exist within the meaning of section 2422.17(c) of the Authority's Rules and Regulations for granting this application. The National Association of Government Employees, Local R4-93, SEIU, AFL-CIO (NAGE) filed an opposition to the Activity's application for review.

Upon consideration of the Activity's application for review, including all arguments in support thereof, the Authority concludes that no compelling reason exists for granting the application. Rather, the application in essence expresses mere disagreement with the Regional Director's findings which are based on precedent 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 application for review of the Regional Director's Decision and Order on Petition for Clarification of Unit is denied.

Issued, Washington, D.C., November 21, 1986.

/s/ Jerry Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY