Bureau of the Census and National Treasury Employees Union and American Federation of Government Employees, Local 2782 (Authority decision, February 20, 1987)

Final FLRA decision. The Authority denies review of the regional director's approval, with prejudice, of a withdrawn representation petition. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

The National Treasury Employees Union asked to withdraw its Census Bureau representation petition, and the regional director approved the withdrawal with prejudice. AFGE Local 2782 sought Authority review of that approval. The Authority found no compelling reason to review the regional director's action. It said AFGE's application essentially disagreed with how the regional director applied the rules and did not show error or prejudice to a party's rights. The Authority denied review, leaving the approved withdrawal in place.

Decision snapshot

• Authority: Application for review under 5 C.F.R. § 2422.17.
• Outcome: Regional Director's approval of petition withdrawal affirmed; review denied.
• Key point: Disagreement with a regional director's application of the rules, without a compelling reason, does not warrant review.

Full text (FLRA public release)

[ v25 p893 ]

25:0893(72)RO

The decision of the Authority follows:

25 FLRA No. 72

BUREAU OF THE CENSUS
Activity

and

NATIONAL TREASURY EMPLOYEES
UNION
Labor Organization/Petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2782, AFL-CIO
Labor Organization/Intervenor

Case No. 3-RO-60013

ORDER DENYING APPLICATION FOR REVIEW

On January 16, 1987, the American Federation of Government Employees, Local 2782, AFL-CIO (AFGE) filed a timely application for review pursuant to section 2422.17(a) of the Authority's Rules and Regulations, seeking to vacate the Regional Director's approval with prejudice of the request by the National Treasury Employees Union (NTEU) to withdraw its representation petition in the above-named case. In its application for review, AFGE 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 AFGE's application for review, including all arguments in support thereof, we conclude that no compelling reason exists for granting the application. Rather, AFGE in essence expresses disagreement with the Regional Director's application of the Authority's Rules and Regulations. The Regional Director's action has not been shown to be in error, a departure from precedent or to have prejudicially affected the rights of any party.

Accordingly, pursuant to section 2422.17(f)(3) of our Rules and Regulations, the application for review of the Regional Director's approval of the NTEU's request to withdraw its representation petition is denied.

Issued, Washington, D.C., February 20, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY