Air Force Accounting and Finance Center, Lowry Air Force Base, Colorado and American Federation of Government Employees, Local 2040 (Authority decision, July 17, 1984)

Final FLRA representation decision. The Authority denied review of a Regional Director's unit clarification decision, leaving that decision in place. The order involves a unit determination under 5 U.S.C. § 7112; § 7123(a)(2) excludes such orders from the ordinary 60-day court of appeals review provision.

Plain-English summary

The Air Force Accounting and Finance Center asked the Authority to review a Regional Director's decision on a bargaining unit clarification petition involving AFGE Local 2040. The agency argued that compelling reasons justified review. The Authority found that the application largely disagreed with the Regional Director's findings and did not show they were clearly wrong. It denied review, leaving the Regional Director's decision in place. The decision text does not describe the underlying unit clarification result.

Decision snapshot

• Authority: Review of a Regional Director's unit clarification decision under the Authority's representation rules.
• Outcome: Application for review denied; Regional Director's decision stands.
• Key point: Mere disagreement with the Regional Director's findings did not establish compelling reasons for review.

Full text (FLRA public release)

[ v15 p279 ]

15:0279(61)CU

The decision of the Authority follows:

15 FLRA No. 61

AIR FORCE ACCOUNTING
AND FINANCE CENTER
LOWRY AIR FORCE BASE, COLORADO
Activity/Petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2040
Labor Organization

Case No. 7-CU-40001

ORDER DENYING APPLICATION FOR REVIEW

On June 1, 1984, the Air Force Accounting and Finance Center, Lowry Air Force Base, Colorado (Petitioner), 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 Petition for Clarification of Unit in the above-named case. In support thereof, the Petitioner contends that compelling reasons within the meaning of section 2422.17(c) of the Authority's Rules and Regulations exist for granting its application. /1/

Upon consideration of the Petitioner's application for review, including all arguments in support thereof, the Authority concludes that no compelling reasons exist for granting the application. Rather, the application in essence expresses mere disagreement with the Regional Director's findings, which have not been shown to be clearly erroneous.

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 Petition for Clarification of Unit be, and it hereby is, denied.

Issued, Washington, D.C., July 17, 1984

Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ Section 2422.17(c) provides:

(c) The Authority may grant an application for review only where it appears that compelling reasons exist therefor. Accordingly, an application for review may be granted only upon one or more of the following grounds:

(1) That a substantial question of law or policy is raised because of (i) the absence of, or (ii) a departure from Authority precedent;

(2) That there are extraordinary circumstances warranting reconsideration of an Authority policy;

(3) That the conduct of the hearing held or any ruling made in connection with the proceeding has resulted in prejudicial error; or

(4) That the Regional Director's decision on a substantial factual issue is clearly erroneous and such error prejudicially affects the rights of a party.