33:0245(28)R0 - - Army and Air Force Exchange Service, Fort Drum Exchange (Fort Drum, NY) and AFGE and NAGE, SEIU - - 1988 FLRAdec RP - - v33 p245
[ v33 p245 ]
The decision of the Authority follows:
33 FLRA No. 28
FEDERAL LABOR RELATIONS AUTHORITY
ARMY AND AIR FORCE EXCHANGE SERVICE
FORT DRUM EXCHANGE (FORT DRUM, NEW YORK)
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
October 24, 1988
Before Chairman Calhoun and Member McKee.
I. Statement of the Case
This case is before the Authority on applications filed by the Activity and the Intervenor under section 2422.17(a) of the Authority's Rules and Regulations. After a representation election in which the Petitioner received a majority of the valid votes, the Activity and the Intervenor filed objections to the election results with the Regional Director. The Activity and the Intervenor contended that conduct by the Petitioner prior to the election warranted setting the election aside. In his Decision and Order on
Objections, the Regional Director concluded that the Petitioner's conduct did not warrant setting the election aside. The Activity and the Intervenor seek review of the Regional Director's determination.
For the reasons set forth below, we conclude that the applications should be denied.
II. Regional Director's Decision
The Petitioner, American Federation of Government Employees, AFL-CIO (AFGE), received a majority of the valid votes counted in an election conducted on May 26 and 27, 1988, among the nonprofessional employees of the Activity, the Army and Air Force Exchange Service, Fort Drum Exchange, Fort Drum, New York.(*) Following the election, both the Activity and the Intervenor, National Association of Government Employees, SEIU, AFL-CIO (NAGE), filed objections to the conduct of AFGE which allegedly improperly affected the election results. Specifically, they alleged that a flyer attached to a letter distributed by AFGE before the election misrepresented major benefits contai