22:1066(104)CU - Air Force, Seventh Combat Support Group, Carswell AFB, TX And AFGE Local 1364 -- 1986 FLRAdec RP



[ v22 p1066 ]
22:1066(104)CU
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 sec