Department of the Treasury, Bureau of the Mint, U.S. Mint Denver and American Federation of Government Employees, Local 695 (Authority decision, November 21, 1986)

Final FLRA decision. The Authority denies review of a regional decision on a petition to clarify a bargaining unit. Orders involving appropriate-unit determinations under 5 U.S.C. § 7112 are excluded from ordinary judicial review by 5 U.S.C. § 7123(a)(2).

Plain-English summary

AFGE Local 695 asked the Authority to review a Regional Director's decision on its petition to clarify the bargaining unit at the Denver Mint. The Authority found no compelling reason to grant review. It said the union disagreed with findings based on precedent but had not shown clear error or prejudice to a party's rights. The Authority denied the application, leaving the regional decision in place. The published Authority order does not describe the particular positions or unit change at issue.

Decision snapshot

• Authority: Regional decision review under 5 C.F.R. § 2422.17.
• Outcome: Union's application for review denied; regional unit decision stands.
• Key point: Mere disagreement with the Regional Director's findings did not establish a compelling reason for review.

Full text (FLRA public release)

[ v24 p176 ]

24:0176(23)CU

The decision of the Authority follows:

24 FLRA No. 23

DEPARTMENT OF THE TREASURY
BUREAU OF THE MINT
U.S. MINT
DENVER, COLORADO
Activity

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 695
Petitioner

Case No. 7-CU-60009

ORDER DENYING APPLICATION FOR REVIEW

On October 20, 1986, the American Federation of Government Employees, AFL-CIO, Local 695 (AFGE) 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 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, 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 precedent, and have not been shown to be clearly erroneous or to have prejudicially affected the right of any party.

Accordingly, pursuant to section 2422.17(f)(3) of the Authority's Rules and Regulations, the application for review of the Regional Director's Decision and Order on Petition for Clarification of Unit is denied.

Issued, Washington, D.C. November 21, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY