23:0659(86)RO - Columbus AFB Exchange, Columbus AFB, MS And NAGE -- 1986 FLRAdec RP
[ v23 p659 ]
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.