Veterans Administration Medical Center, Leavenworth, Kansas and AFGE Local 85 (Authority decision, July 24, 1987)

Final FLRA representation decision. The Authority denies the union's application for review of a regional director's unit-clarification ruling. The regional ruling remains in place. Orders involving appropriate-unit determinations under 5 U.S.C. § 7112 are excluded from the ordinary judicial-review provision by 5 U.S.C. § 7123(a)(2).

Plain-English summary

AFGE Local 85 asked the Authority to review a regional director's decision on a petition to clarify the bargaining unit at the Veterans Administration Medical Center in Leavenworth, Kansas. The union argued that compelling reasons justified review. The Authority found that the application merely disagreed with findings supported by the record. It found no showing that the findings were clearly wrong or had prejudiced any party's rights, so it denied review. The decision does not describe the positions covered by the regional director's ruling.

Decision snapshot

• Authority: Review of a unit-clarification ruling under 5 C.F.R. § 2422.17.
• Outcome: Union's application for review denied; regional director's ruling remains in place.
• Key point: Mere disagreement with record-supported findings did not establish a compelling reason for review.

Full text (FLRA public release)

[ v28 p177 ]
28:0177(28)CU

The decision of the Authority follows:

28 FLRA NO. 28

VETERANS ADMINISTRATION MEDICAL
CENTER, LEAVENWORTH, KANSAS

Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 85

Labor Organization

Case No. 7-CU-70003

ORDER DENYING APPLICATION FOR REVIEW

This case is before the Authority on an application filed by the American Federation of Government Employees, AFL - CIO, Local 85 (AFGE), under section 2422.17(a) of the Authority's Rules and Regulations, seeking review of the Regional Director's Decision and Order on Petition for Clarification of Unit. In its application for review, AFGE contends that compelling reasons exist within the meaning of section 2422.17(c) of the Rules and Regulations for granting the application.

upon consideration of AFGE's application for review, we conclude 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 prejudically affected the rights of any party. Accordingly, pursuant to section 2422.17 (f) (3) of the Rules and Regulations, AFGE's application for review is denied.

Issued, Washington, D.C.. July 24. 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY