FAA Aviation Standards National Field Office, NAGE Local R8-14, and AFGE Local 2282 (Authority decision, September 24, 1986)

Final FLRA decision. The Authority denies the petitioning union's application to review the Regional Director's decision on election objections. 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).

Plain-English summary

NAGE Local R8-14 sought review of a Regional Director's decision on objections in a representation case involving the FAA Aviation Standards National Field Office. AFGE Local 2282 was an intervenor. The Authority found no compelling reason to grant review. It said NAGE disagreed with findings supported by the record but had not shown that they were clearly erroneous or prejudiced any party's rights. The Authority denied the application, leaving the Regional Director's decision in place.

Decision snapshot

• Authority: Application for review under 5 C.F.R. § 2422.17.
• Outcome: Review denied; the Regional Director's decision on objections stands.
• Key point: Mere disagreement with record-supported findings did not justify review.

Full text (FLRA public release)

[ v23 p409 ]

23:0409(58)RO

The decision of the Authority follows:

23 FLRA No. 58

DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AVIATION STANDARDS NATIONAL FIELD OFFICE
Activity

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES (NAGE), SEIU/AFL-CIO
LOCAL R8-14
Petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES (AFGE), AFL-CIO, LOCAL 2282
Intervenor

Case No. 6-RO-40009

ORDER DENYING APPLICATION FOR REVIEW

On July 31, 1986, the National Association of Government Employees (NAGE), SEIU/AFL-CIO, Local R8-14 (NAGE), 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. In its application for review, NAGE 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 NAGE'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 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, 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., September 24, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY