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62 FLRA No. 22
United States Department of Homeland Security, United States Customs And Border Protection and American Federation Of Government Employees, AFL-CIO and National Treasury Employees Union, WA-RP-04-0067 (May 17, 2007)
The American Federation of Government Employees (AFGE) sought review of decision and order of a Regional Director (RD) dismissing objections to an election. The election was ordered to determine the exclusive representative of a newly consolidated unit of the Agency's employees. AFGE claimed that the Agency violated its obligation to remain neutral under § 7116(a)(3) of the Statute by including NTEU in a telephone directory and user's guide without also including AFGE, and by refusing to facilitate a direct mailing for both Unions.
The Authority concluded that the RD did not fail to apply established law and the RD's decision did not raise an issue for which there is an absence of precedent. Accordingly, the Authority denied the application for review.