United States Department of the Air Force, Air Force Materiel Command, Kelly Air Force Base, Texas (Activity) and United States Department of the Air Force, Lackland Air Force Base, Texas (Activity/Petitioner) and American Federation of Government Employees, AFL-CIO (Labor Organization/Incumbent) and American Federation of Government Employees, Local 1367, AFL-CIO (Labor Organization/Incumbent)

[ v57 p749 ]

57 FLRA No. 162

UNITED STATES
DEPARTMENT OF THE AIR FORCE
AIR FORCE MATERIEL COMMAND
KELLY AIR FORCE BASE, TEXAS
(Activity)

and

UNITED STATES
DEPARTMENT OF THE AIR FORCE
LACKLAND AIR FORCE BASE, TEXAS
(Activity/Petitioner)

and

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

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1367, AFL-CIO
(Labor Organization/Incumbent)

DA-RP-01-0005

_____

ORDER DENYING APPLICATION FOR REVIEW

April 23, 2002

_____

Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members

      The American Federation of Government Employees (AFGE), Local 1617, filed an application for review and a request for a stay of the Regional Director's (RD's) Decision and Order granting the Department of the Air Force, Lackland Air Force Base's (Lackland AFB's) petition for clarification of the bargaining unit exclusively represented by AFGE, Local 1367. Lackland AFB filed an opposition to AFGE, Local 1617's application.

      AFGE, Local 1617 provides no arguments to explain why a stay of the RD's Decision and Order is warranted. As such, we deny the request for a stay. Further, the application is denied because AFGE, Local 1617 has failed to demonstrate that review is warranted under 5 C.F.R. § 2422.31(c), which provides that the Authority may grant an application for review when the application demonstrates that:

(3)     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.

      AFGE, Local 1617 claims that review is warranted on the g