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56 FLRA No. 28
Dept. of the Navy, Naval Computer and Telecommunications Area Master Station -Atlantic Base Level Communications Department Regional Operations Division, Norfolk, Virginia Base Communications Office-Mechanicsburg and AFGE, LOCAL 1156, AFL-CIO, Case No. BN-RP-80041 (Decided March 31, 2000)
The application for review in this case sought to clarify a unit of employees to reflect that the organization to which four employees were transferred was the successor employer of, and that the Union remains the exclusive representative of, those four employees. The Authority granted the application on the ground that there was a genuine issue over whether the RD failed to apply established law pursuant to section 2422.31(c)(3)(i) of the Authority's Regulations. The Authority found that the Regional Director did not examine all the factors set forth in section 7112(a) of the Statute. The matter was remanded.
Noting the criteria outlined in section 7112(a) of the Statute, the Authority found that the Regional Director did not separately evaluate and make explicit findings with respect to each of these criteria. The Authority further stated that the Statute and established law required consideration of all three factors.