Defense Logistics Agency, Defense Distribution Depot, San Joaquin, California (Activity) and American Federation of Government Employees, AFL-CIO (Petitioner/Labor Organization) and Laborers' International Union of North America, Local 1276, AFL-CIO (Intervenor/Labor Organization)

[ v57 p274 ]

57 FLRA No. 57

DEFENSE LOGISTICS AGENCY
DEFENSE DISTRIBUTION DEPOT
SAN JOAQUIN, CALIFORNIA
(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
(Petitioner/Labor Organization)

and

LABORERS' INTERNATIONAL UNION OF NORTH
AMERICA, LOCAL 1276, AFL-CIO
(Intervenor/Labor Organization)

WA-RP-00062

_____

ORDER DENYING APPLICATION FOR REVIEW

June 20, 2001

Before the Authority: Dale Cabaniss, Chairman; Donald S. Wasserman and Carol Waller Pope, Members

      Intervenor Laborers' International Union of North America, Local 1276, AFL-CIO filed an application for review of the Regional Director's Decision and Order denying its objections to an election. The Petitioner and Activity each filed an opposition to the application for review. [n1] 

      The application is denied because the Intervenor has failed to demonstrate that review is warranted under 5 C.F.R. § 2422.31(c)(3), which provides that the Authority may grant an application for review when the application demonstrates that:

There is a genuine issue over whether the Regional Director has:
(i)     Failed to apply established law;
(ii)     Committed a prejudicial procedural error;
(iii)     Committed a clear and prejudicial error concerning a substantial factual matter. [ v57 p275 ]

      The Intervenor claims that review is warranted on the grounds that the Regional Director: (1) erred by not voiding an election agreement and conducting a pre-election hearing; (2) erred by not conducting a post-election hearing; and (3) failed to apply established law in dismissing objections to the conduct of the Activity. We find that the record supports the Regional Director's factual fi