Department of the Treasury, Office of Chief Counsel, National Office, Internal Revenue Service and National Treasury Employees Union (Authority decision, December 19, 1986)

FLRA interlocutory decision. The Authority declines to review or stay the regional director's direction of an election. The election proceeding remains to be completed, so this order does not present a final judicial-review period under 5 U.S.C. § 7123(a).

Plain-English summary

The Treasury Department's Office of Chief Counsel sought Authority review of a regional director's decision directing an election involving NTEU. It also asked for a stay. The Authority found that the application disagreed with the regional director's findings but showed no compelling reason for review or clear error. It denied both the application and the stay request without deciding the election's outcome.

Decision snapshot

• Authority: Representation review under 5 C.F.R. § 2422.17.
• Outcome: Regional Director's direction of election affirmed; review and stay denied.
• Key point: Disagreement with supported regional findings was not a compelling reason to halt the election direction.

Full text (FLRA public release)

[ v24 p670 ]

24:0670(67)RO

The decision of the Authority follows:

24 FLRA No. 67

DEPARTMENT OF THE TREASURY
OFFICE OF CHIEF COUNSEL, NATIONAL
OFFICE, INTERNAL REVENUE SERVICE
Acitvity

and

NATIONAL TREASURY EMPLOYEES
UNION
Labor Organization

Case No. 3-RO-60003

ORDER DENYING APPLICATION FOR REVIEW AND REQUEST FOR STAY

On October 24, 1986, the Department of Treasury, Office of Chief Counsel, National Office, Internal Revenue Service (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 Direction of Election in the above-named case. The Activity also filed a request for a stay of the Regional Director's Decision and Direction of Election. 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. The National Treasury Employees Union (NTEU) filed an opposition to the application for review and request for a stay.

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 and request for a stay of the Regional Director's Decision and Direction of Election are denied.

Issued, Washington, D.C., December 19, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY