34:0073(17)CU - - Veterans Affairs, Martinsburg, WV and Addie V. Murphy - - 1989 FLRAdec RP - - v34 p73



[ v34 p73 ]
34:0073(17)CU
The decision of the Authority follows:


34 FLRA No. 17

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF VETERANS AFFAIRS

MARTINSBURG, WEST VIRGINIA

(Activity)

and

ADDIE V. MURPHY

(An Individual/Petitioner)

3-CU-90007

ORDER GRANTING APPLICATION FOR REVIEW

December 27, 1989

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before the Authority on an application for review filed by Addie V. Murphy (the Petitioner) under section 2422.17(a) of the Authority's Rules and Regulations. The Petitioner seeks review of the Regional Director's Decision and Order Dismissing Petition for Clarification of Unit.

In as much as the Authority had two vacancies when this application for review was received, Acting Chairman McKee issued an Interim Order on May 8, 1989, directing that consideration of the application be deferred until further notice. This interim order preserved the parties' rights under the Statute to Authority consideration of the Regional Director's decision.

The Authority now considers the Petitioner's application for review. For the reasons which follow, we conclude that the application should be granted.

II. Regional Director's Decision

The Regional Director found that the petition for unit clarification was not filed in accordance with section 2422.1(d) of the Authority's Rules and Regulations. Section 2422.1(d) p