U.S. Department of Justice, Bureau of Prisons and American Federation of Government Employees, Council of Prison Locals (Authority decision, March 30, 1987)

Final FLRA representation decision. The Authority denies review of the regional director's unit clarification decision. Section 7123(a)(2) excludes orders involving appropriate-unit determinations from the ordinary 60-day judicial-review provision.

Plain-English summary

The Bureau of Prisons asked the Authority to review a regional director's ruling on the Council of Prison Locals' petition to clarify a bargaining unit. The Bureau argued that compelling reasons warranted review. The Authority found only disagreement with factual findings supported by the record, with no clearly erroneous finding or prejudice shown. It denied the application, leaving the regional director's decision in place. The order does not describe the underlying unit clarification in detail.

Decision snapshot

• Authority: Review criteria under 5 C.F.R. § 2422.17(c) and (f)(3).
• Outcome: Regional unit clarification affirmed; application for review denied.
• Key point: Mere disagreement with supported findings does not justify review of a unit clarification ruling.

Full text (FLRA public release)

[ v26 p402 ]

26:0402(50)CU

The decision of the Authority follows:

26 FLRA No. 50

U.S. DEPARTMENT OF JUSTICE
BUREAU OF PRISONS
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL OF PRISON LOCALS
AFL-CIO
Petitioner

Case No. 3-CU-60012

ORDER DENYING APPLICATION FOR REVIEW

On March 2, 1987, the U.S. Department of Justice, Bureau of Prisons (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 the application.

Upon consideration of the Activity's application for review, we conclude 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 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 Activity's application for review of the Regional Director's Decision and Order on Petition for Clarification of Unit is denied.

Issued, Washington, D.C., March 30, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY