Department of the Navy, Naval Air Rework Facility, Norfolk; National Association of Government Employees, Local R4-84; and International Association of Machinists and Aerospace Workers, Local Lodge 39 (Authority decision, April 21, 1983)

FLRA representation decision. The Authority denied review of the Regional Director's election objections report and directed further action. The representation proceeding remained pending. Judicial review under 5 U.S.C. § 7123(a)(2) excludes an order involving an appropriate unit determination under § 7112.

Plain-English summary

NAGE challenged a Norfolk Navy representation election, saying leaflets from the competing union had misstated the law and NAGE's finances. The Regional Director rejected the objections. The Authority agreed because NAGE had enough time to answer the first two statements and had actually answered the financial claim. It denied review and directed the Regional Director to take further action.

Decision snapshot

• Authority: Review of election objections in a representation case.
• Outcome: Regional Director's rejection of objections upheld; further action directed.
• Key point: Campaign claims did not justify setting aside the election when NAGE had time to respond.

Full text (FLRA public release)

[ v12 p15 ]

12:0015(5)RO

The decision of the Authority follows:

12 FLRA No. 5

DEPARTMENT OF THE NAVY
NAVAL AIR REWORK FACILITY
NORFOLK, VIRGINIA
Activity

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R4-84
Petitioner

and

INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS,
LOCAL LODGE 39, AFL-CIO
Intervenor

Case No. 43-RO-106

DECISION ON REQUEST FOR REVIEW

The Petitioner (NAGE) has filed a request for review seeking reversal of the Acting Regional Director's Report and Findings on Objections to the election held in the above-named case, alleging that three written statements contained in leaflets prepared and distributed to unit employees by the Intervenor (IAM) had improperly affected the results of the election.

The Acting Regional Director determined that all three of NAGE's objections were without merit, concluding the IAM's statements did not constitute conduct which improperly affected the results of the election. With regard to the first two objections, the Acting Regional Director, citing the Authority's decision in U.S. Nuclear Regulatory Commission, 6 FLRA No. 9 (1981), found that the statements contained in the leaflets which are the subject of these objections constituted an erroneous assessment of the current state of the law as to what would happen to the employees' established conditions of employment if IAM were replaced as the exclusive representative of the bargaining unit. However, he concluded, inter alia, that NAGE had sufficient time to reply to the leaflets but failed to do so. The Authority agrees that these objections do not set forth a basis upon which to set aside the election, noting particularly that NAGE had sufficient time to adequately respond to these statements but failed to do so. Further, with regard to the second objection, it is the Authority's view that IAM's statements could reasonably be interpreted by the employees as nothing more than campaign puffery concerning the effectiveness of IAM's representation in the past as contrasted with the uncertainties of NAGE's representational efforts in the future.

The Authority further agrees with the Acting Regional Director that NAGE's third objection does not constitute a basis for setting aside the election, since NAGE had sufficient time to rebut and did in fact reply to the alleged misstatement of fact contained in IAM's leaflet concerning NAGE's internal financial arrangements.

Accordingly, the request for review, seeking reversal of the Acting Regional Director's Report and Findings on Objections, is hereby denied, and the Regional Director is directed to take further appropriate action consistent with this decision. Issued, Washington, D.C., April 21, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY