12:0106(29)RO - Benet Weapons Laboratory, Watervliet Arsenal, Watervliet, NY and NFFE Local 2927 and NAGE -- 1983 FLRAdec RP



[ v12 p106 ]
12:0106(29)RO
The decision of the Authority follows:


 12 FLRA No. 29
 
 BENET WEAPONS LABORATORY
 WATERVLIET ARSENAL
 WATERVLIET, NEW YORK
 Activity
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 2927
 Labor Organization/Petitioner
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
 Labor Organization
 
                                            Case No. 1-RO-20007
 
                      DECISION ON REQUEST FOR REVIEW
 
    This request for review filed by the National Association of
 Government Employees (NAGE) seeks reversal of the Regional Director's
 denial of its request for intervention in the above-named case.  With
 respect to NAGE's first contention, the Authority notes that NAGE
 submitted no evidence to show that the Activity did not post copies of
 the notice of petition in accordance with section 2422.4(a) of the
 Authority's Rules and Regulations.  /1/ With respect to NAGE's second
 contention, the Authority finds that pursuant to section 2422.4(d) of
 the Rules and Regulations, there was no requirement to furnish NAGE with
 information with regard to the petition filed by the National Federation
 of Federal Employees, Local 2927 since NAGE had not demonstrated that it
 was a known interested party.  Thus, as found by the Regional Director,
 NAGE's request to intervene was untimely and was not supported by the
 requisite showing of interest under section 2422.5(a) and (c) of the
 Authority's Rules and Regulations.  Further, NAGE has not submitted any
 evidence that it represented or expressly sought to represent any of the
 employees in the claimed unit prior to the submission of its untimely
 request to intervene.  It follows that NAGE's third contention,
 involving unsupported charges of collaboration to conceal from NAGE the
 fact that the petition has been filed, is also without merit.
 
    Accordingly, the request for review must be, and it hereby is,
 denied, and this case is hereby remanded to the Regional Director for
 further appropriate action.  Issued, Washington, D.C., June 2, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ Section 2422.4 provides in pertinent part:
 
          Sec. 2422.4 Investigation of petition and posting of notice of
       petition;  action by Regional Director.
 
          (a) Upon the request of the Regional Director, after filing of
       a petition, the activity shall post copies of a notice t