Jerry L. Pettis Memorial Veterans Hospital, Suzanne C. Lareau, and Pettis Memorial Registered Nurses Association (Authority decision, September 10, 1986)

Final FLRA decision. The Authority denies the petitioner's application to review a Regional Director's decision on objections. An aggrieved person may petition an appropriate United States court of appeals for review within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

A petitioner in a representation case at Jerry L. Pettis Memorial Veterans Hospital sought review of the Regional Director's decision on objections. The Authority reviewed the application and found no compelling reason to grant it. It said the petitioner disagreed with findings supported by precedent and had shown neither clear error nor prejudice to a party's rights. The Authority denied review, leaving the Regional Director's decision in place. The published order does not describe the underlying objections.

Decision snapshot

• Authority: Application for review under 5 C.F.R. § 2422.17.
• Outcome: Application denied; the Regional Director's decision on objections stands.
• Key point: Disagreement with precedent-supported findings did not establish a compelling reason for review.

Full text (FLRA public release)

[ v23 p340 ]

23:0340(44)DR

The decision of the Authority follows:

23 FLRA No. 44

JERRY L. PETTIS MEMORIAL
VETERANS HOSPITAL, LOMA
LINDA, CALIFORNIA
Activity

and

SUZANNE C. LAREAU, R.N.
Petitioner

and

PETTIS MEMORIAL REGISTERED
NURSES ASSOCIATION, UNITED STATES
NURSES ASSOCIATION OF CALIFORNIA
Incumbent

Case No. 8-DR-50002

ORDER DENYING APPLICATION FOR REVIEW

On July 25, 1986, Suzanne L. Lareau, R.N. (the 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 Objections in the above-named case. The Petitioner contends that compelling reasons exists within the meaning of section 2422.17(c) of the Authority's Rules and Regulations to support the application for review. /*/

Upon consideration of the Petitioner'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 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 10, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY

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

(*) Section 2422.17(c) provides:

(c) The Authority may grant an application for review only where it appears that compelling reasons exist therefore. 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.