48:0953(103)DR - - Navy Northern Division, Naval Facilities Engineering Command, Lester, PA and NFFE, Local 1430 - - 1993 FLRAdec DR - - v48 p953



[ v48 p953 ]
48:0953(103)DR
The decision of the Authority follows:


48 FLRA NO. 103

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE NAVY

NORTHERN DIVISION

NAVAL FACILITIES ENGINEERING COMMAND

LESTER, PENNSYLVANIA

(Agency)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 1430

(Union)

BP-DR-30035

ORDER DISMISSING APPLICATION FOR REVIEW

November 26, 1993

The Union has filed an application for review of the Regional Director's Letter dated November 2, 1993, in the above-captioned case. For the reasons set out below, the Union's application is interlocutory and must be dismissed.

By letter dated October 15, 1993, the Union filed with the Regional Director objections to the proposed consent election agreement in the above-captioned case. In response to the Union's objections, the Regional Director issued a letter dated November 2, 1993, stating that he had decided to approve the proposed election agreement.

The Regional Director's November 2, 1993, letter did not address and decide the merits of the petition for decertification. Therefore, the Union's application for review of the November 2 letter is interlocutory.

The Authority "ordinarily will not consider interlocutory appeals." 5 C.F.R. § 2429.11. An interlocutory appeal concerns a ruling which is preliminary to final disposition of a matter.

Accordingly, the Union's application for review is dismissed without prejudice to the Union to refile an application for review with the Authority after a final decision and order is issued on the merits of the petition in the above-captioned case.

For the Authority.

________________________________
Alicia N. Columna
Director, Case Control Office