12:0015(5)RO - Navy, Naval Air Rework Facility, Norfolk, Virginia and NAGE Local R4-84 and IAM Local Lodge 39 -- 1983 FLRAdec RP



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12:0015(5)RO
The decision of the Authority follows:


 12 FLRA No. 5
 
 DEPARTMENT OF THE NAVY
 NAVAL AIR REWORK FACILITY
 NORFOLK, VIRGINIA
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R4-84
 Petitioner
 
 and
 
 INTERNATIONAL ASSOCIATION OF
 MACHINISTS AND AEROSPACE WORKERS,
 LOCAL LODGE 39, AFL-CIO
 Intervenor
 
                                            Case No. 43-RO-106
 
                      DECISION ON REQUEST FOR REVIEW
 
    The Petitioner (NAGE) has filed a request for review seeking reversal
 of the Acting Regional Director's Report and Findings on Objections to
 the election held in the above-named case, alleging that three written
 statements contained in leaflets prepared and distributed to unit
 employees by the Intervenor (IAM) had improperly affected the results of
 the election.
 
    The Acting Regional Director determined that all three of NAGE's
 objections were without merit, concluding the IAM's statements did not
 constitute conduct which improperly affected the results of the
 election.  With regard to the first two objections, the Acting Regional
 Director, citing the Authority's decision in U.S. Nuclear Regulatory
 Commission, 6 FLRA No. 9 (1981), found that the statements contained in
 the leaflets which are the subject of these objections constituted an
 erroneous assessment of the current state of the law as to what would
 happen to the employees' established conditions of employment if IAM
 were replaced as the exclusive representative of the bargaining unit.
 However, he concluded, inter alia, that NAGE had sufficient time to
 reply to the leaflets but failed to do so.  The Authority agrees that
 these objections do not set forth a basis upon which to set aside the
 election, noting particularly that NAGE had sufficient time to
 adequately respond to these statements but failed to do so.  Further,
 with regard to the second objection, it is the Authority's view that
 IAM's statements could reasonably be interpreted by the employees as
 nothing more than campaign puffery concerning the effectiveness of IAM's
 representation in the past as contrasted with the uncertainties of
 NAGE's representational efforts in the future.
 
    The Authority further agrees with the Acting Regional Director that
 NAGE's third objection does not constitute a basis for setting aside the
 election, since NAGE had sufficient time to rebut and did in fact reply
 to the alleged misstatement of fact contained in IAM's leaflet
 concerning NAGE's internal financial arrangements.
 
    Accordingly, the request for review, seeking reversal of the Acting
 Regional Director's Report and Findings on Objections, is hereby den