Columbus Air Force Base Exchange and National Association of Government Employees (Authority decision, October 22, 1986)

FLRA representation decision. The Authority denies review of a regional director's order setting aside an election and directing another one. The representation question remains unresolved pending the new election. This decision does not present a final judicial review period under 5 U.S.C. § 7123(a).

Plain-English summary

A regional director set aside a representation election at the Columbus Air Force Base Exchange after finding that the activity's campaign conduct improperly affected the result. The activity asked the Authority to review that ruling. The Authority found no compelling reason to do so because the application only disagreed with findings supported by precedent. The order for another election remained in place.

Decision snapshot

• Authority: Representation review under 5 C.F.R. § 2422.17 and campaign neutrality under 5 U.S.C. § 7116(e).
• Outcome: Application for review denied; new election order remains.
• Key point: Disagreement with supported regional findings did not warrant Authority review.

Full text (FLRA public release)

[ v23 p659 ]

23:0659(86)RO

The decision of the Authority follows:

23 FLRA No. 86

COLUMBUS AIR FORCE BASE EXCHANGE
COLUMBUS AIR FORCE BASE, MISSISSIPPI
Activity

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES
Labor Organization

Case No. 4-RO-50034

ORDER DENYING APPLICATION FOR REVIEW

On September 5, 1986, the Columbus Air Force Base Exchange, Columbus Air Force Base, Mississippi (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 Objections in the above-named case. The Regional Director set aside an election and directed that another be conducted because she concluded that objectionable conduct occurred on the part of the Activity which improperly affected the results of the election. The National Association of Government Employees (NAGE) filed an opposition to this application for review. 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 Authority has consistently held that during the course of a representation campaign, an activity must assume a neutral posture and any statements issued by the Activity must conform to the requirements of section 7116(e) of the Statute. United States Department of Justice, United States Immigration and Naturalization Service, 9 FLRA 253 (1982); Department of the Air Force, Air Force Plant Representative Office, Detachment 27, Fort Worth, Texas, 5 FLRA 492 (1981).

Upon consideration of the Activity's application for review, including its supporting arguments, the Authority concludes that no compelling reason exists for granting the application. Rather, the application 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 IT IS ORDERED that the application for review of the Regional Director's Decision and Order on Objections be, and it hereby is, denied.

Issued, Washington, D.C., October 22, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY