Letterman Army Medical Center, Willie D. Harris, and National Maritime Union of America (Authority decision, July 2, 1984)

Final FLRA representation decision. The Authority denied the National Maritime Union's application for review, leaving the Regional Director's decision in place. The published order does not describe that decision's result or report an election or certification, so this banner does not present a judicial-review filing period under 5 U.S.C. § 7123(a).

Plain-English summary

The National Maritime Union asked the Authority to set aside a Regional Director's decision in a representation case involving Letterman Army Medical Center and petitioner Willie D. Harris. The union argued that compelling reasons supported review. The Authority found that the application merely disagreed with the Regional Director's findings and did not show clear error. It denied review, leaving the regional decision in place. The published order does not describe the underlying ruling or any later election result.

Decision snapshot

• Authority: Review of a Regional Director's representation decision under the Authority's rules.
• Outcome: Union application for review denied; Regional Director's decision stands.
• Key point: Mere disagreement with findings did not show the compelling reason required for Authority review.

Full text (FLRA public release)

[ v15 p241 ]

15:0241(44)DR

The decision of the Authority follows:

15 FLRA No. 44

DEPARTMENT OF THE ARMY
LETTERMAN ARMY MEDICAL CENTER
NUTRITION CARE DIVISION
PRESIDIO OF SAN FRANCISCO, CALIFORNIA
Activity

and

WILLIE D. HARRIS
An Individual/Petitioner

and

NATIONAL MARITIME UNION OF
AMERICA, AFL-CIO
Labor Organization/Intervenor

Case No. 9-DR-40001

ORDER DENYING APPLICATION FOR REVIEW

On May 8, 1984, the National Maritime Union of America, AFL-CIO (Intervenor), 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 in the above-named case. In support thereof, the Intervenor 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 Intervenor'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 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 be, and it hereby is, denied.

Issued, Washington, D.C., July 2, 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 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.