26:0580(69)RO - Navy Resale and Ssevice Support Office, Field Support Office, San Diego, CA and NAGE Local R12-38, SEIU and NFFE Local 63 -- 1987 FLRAdec RP

 26 FLRA No. 69
 
 NAVY RESALE AND SERVICES SUPPORT 
 OFFICE, FIELD SUPPORT OFFICE 
 SAN DIEGO, CALIFORNIA
 Acitivity
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT 
 EMPLOYEES, LOCAL R12-38, SEIU/AFL-CIO
 Petitioner
 
 and
 
 NATIONAL FEDERATION OF FEDERAL 
 EMPLOYEES, LOCAL 63
 Incumbent Labor Organization
 
                                            Case No. 8-RO-60010
 
                   ORDER DENYING APPLICATION FOR REVIEW
 
    On February 20, 1987, the National Association of Government
 Employees, Local R12-38, SEIU/AFL-CIO (NAGE) 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 Petition for Certification of Unit in the above-named case.  In
 its application for review, NAGE contends that compelling reasons exist
 within the meaning of section 2422.17(c) of the Authority's Regulations
 for granting the application.
 
    The Regional Director concluded that the representation petition
 filed by NAGE was untimely under section 2422.3(e) of the Authority's
 Regulations.  In its application, NAGE contends that the Regional
 Director's decision raises a substantial question of law and policy
 regarding the interpretation and application of section 2422.3(e), due
 to the absence of Authority precedent.
 
    Section 2422.3(e) of our Regulations is the same in all material
 respects as section 202.3(d) of the Assistant Secretary's Regulations
 applicable under Executive Order 11491, as amended.  29 C.F.R. Section
 202.3(d) (1977).  The Assistant Secretary explained the underlying
 purpose of that language in Department of the Navy, Great Lakes Naval
 Base, Public Works Center, Great Lakes, Illinois, 7 A/SLMR 1003 (1977).
 He concluded that the regulation was promulgated to address the
 situation where, because of the filing of a petition for an election and
 its subsequent withdrawal by a rival union, the activity and the
 incumbent union are deprived of the full "insulated" period within which
 to negotiate a new agreement.  The regulation therefore provided for a
 90-day period free from rival claim for the activity and the incumbent
 to consummate a new agreement.  Under section 7135(b) of the Statute,
 that decision remains in full force and effect.  See Florida National
 Guard, St. Augustine, Florida, 25 FLRA No. 60 (1987) (in which the
 Authority noted in a similar situation that the Assistant Secretary's
 decision remains in full force and effect unless revised or superseded
 by decisions issued pursuant to the Statute).  Therefore, we conclude
 that section 2422.3(e) of our Regulations reflects that same purpose.
 
    Upon consideration of NAGE's application for review, we conclude that
 no compelling reason exists for granting the application.  Rather, NAGE
 in essence simply expresses disagreement with the Regional Director's
 application of our Regulations.  The Regional Director's application has
 not been shown to be in error, a departure from precedent or to have
 prejudicially affected the rights of any party.
 
    Accordingly, pursuant to section 2422.17(f)(3) of our Rules and
 Regulations, the application for review of the Regional Director's
 Decision and Order on Petition for Certification of Unit is denied.
 
    Issued, Washington, D.C., April 15, 1987.
                                       /s/ Jerry L. Calhoun
                                       Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III
                                       Henry B. Frazier III, Chairman
                                       /s/ Jean McKee
                                       Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY.