22:1066(104)CU - Air Force, Seventh Combat Support Group, Carswell AFB, TX And AFGE Local 1364 -- 1986 FLRAdec RP
[ v22 p1066 ]
The decision of the Authority follows:
22 FLRA No. 104 UNITED STATES AIR FORCE, SEVENTH COMBAT SUPPORT GROUP, CARSWELL AIR FORCE BASE, TEXAS Activity/Petitioner and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1364 Labor Organization Case No. 6-CU-60001 ORDER DISMISSING APPLICATION FOR REVIEW On June 10, 1986, Mr. Willie L. Coberly, an employee, filed what may be considered to be an 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 Petition for Clarification of Unit in the above-entitled case. For the reasons set forth below, it has been determined that the application for review must be dismissed. Under Section 2422.17 of the Authority's Rules and Regulations, only a party can file an application for review of a Regional Director's Decision and Order in a representation proceeding. /1/ Section 2421.11 of the Authority's Rules and Regulations, in pertinent part, define a party as ". . . (A)ny person: (1) Filing a charge, petition or request; (2) named in a charge, complaint, petition, or request; (3) whose intervention in a proceeding has been permitted or directed by the Authority. . . ." In this case, the Activity filed the clarification of unit (CU) petition. /2/ Mr. Coberly was not the subject of the petition. He was not the representative of the Union in the proceeding nor was he granted intervention status by the Authority. Therefore, Mr. Coberly is not a party to the case within the meaning of Section 2421.11 of the Authority's Rules and Regulations and has no standing to file an application for review under Section 2422.17 of the Authority's Rules and Regulations. Accordingly, as employee, Willie L. Coberly, has no standing to file an application for review of the Regional Director's Decision and Order in the instant case, and apart from other considerations, the application for review is hereby dismissed. For the Authority. Issued, Washington, D.C., July 31, 1986. /s/ Harold D. Kessler Director of Case Management --------------- FOOTNOTES$ --------------- (1) Section 2422.17 of the Authority's Rules and Regulations provides, in pertinent part, "A Regional Director's Decision and Order shall be final: provided however, That a party may file an application for review of the Regional Director's Decision and Order. . . ." (emphasis added) (2) Under section 2422.1(d) of the Authority Rules and Regulations, a petition for clarification of unit may be filed only by an activity or agency or by a labor organization which is currently recognized by the activity or agency as exclusive representative.