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23:0659(86)RO - Columbus AFB Exchange, Columbus AFB, MS And NAGE -- 1986 FLRAdec RP



[ v23 p659 ]
23:0659(86)RO
The decision of the Authority follows:


 23 FLRA No. 86
 
 COLUMBUS AIR FORCE BASE EXCHANGE 
 COLUMBUS AIR FORCE BASE, MISSISSIPPI
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT 
 EMPLOYEES
 Labor Organization
 
                                            Case No. 4-RO-50034
 
                   ORDER DENYING APPLICATION FOR REVIEW
 
    On September 5, 1986, the Columbus Air Force Base Exchange, Columbus
 Air Force Base, Mississippi (the Activity), 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 on Objections in the above-named case.  The Regional Director set
 aside an election and directed that another be conducted because she
 concluded that objectionable conduct occurred on the part of the
 Activity which improperly affected the results of the election.  The
 National Association of Government Employees (NAGE) filed an opposition
 to this application for review.  In its application for review, the
 Activity contends that compelling reasons exist within the meaning of
 section 2422.17(c) of the Authority's Rules and Regulations for granting
 this application.
 
    The Authority has consistently held that during the course of a
 representation campaign, an activity must assume a neutral posture and
 any statements issued by the Activity must conform to the requirements
 of section 7116(e) of the Statute.  United States Department of Justice,
 United States Immigration and Naturalization Service, 9 FLRA 253 (1982);
  Department of the Air Force, Air Force Plant Representative Office,
 Detachment 27, Fort Worth, Texas, 5 FLRA 492 (1981).
 
    Upon consideration of the Activity's application for review,
 including its supporting arguments, the Authority concludes that no
 compelling reason exists for granting the application.  Rather, the
 application expresses mere disagreement with the Regional Director's
 findings, which are based on precedent and have not been shown to be
 clearly erroneous or to have prejudicially affected the rights of any
 party.
 
    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 on Objections be, and it
 hereby is, denied.
 
    Issued, Washington, D.C., October 22, 1986.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY