24:0670(67)RO - Treasury, Office of Chief Counsel, National Office, IRS and NTEU -- 1986 FLRAdec RP
[ v24 p670 ]
24:0670(67)RO
The decision of the Authority follows:
24 FLRA No. 67
DEPARTMENT OF THE TREASURY
OFFICE OF CHIEF COUNSEL, NATIONAL
OFFICE, INTERNAL REVENUE SERVICE
Acitvity
and
NATIONAL TREASURY EMPLOYEES
UNION
Labor Organization
Case No. 3-RO-60003
ORDER DENYING APPLICATION FOR REVIEW AND REQUEST FOR STAY
On October 24, 1986, the Department of Treasury, Office of Chief
Counsel, National Office, Internal Revenue Service (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 Direction of Election in the above-named case.
The Activity also filed a request for a stay of the Regional Director's
Decision and Direction of Election. 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
the application. The National Treasury Employees Union (NTEU) filed an
opposition to the application for review and request for a stay.
Upon consideration of the Activity's application for review,
including all arguments in support thereof, the Authority concludes that
no compelling reason exists for granting the application. Rather, the
application in essence 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, the application for review and request for a stay
of the Regional Director's Decision and Direction of Election are
denied.
Issued, Washington, D.C., December 19, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY