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62 FLRA No. 23
United States Department of Health And Human Services, National Institutes of Health, National Institute of Environmental Health Sciences, Research Triangle Park, North Carolina and American Federation of Government Employees, Local 2923, AFL-CIO, WA-RP-04-0048 (May 17, 2007)
The Petitioner, the American Federation of Government Employees, Local 2923 (Petitioner) sought review of the Regional Director's (RD) Decision and Order in which the RD found that a stand alone unit of 11 geographically separated employees in a newly formed Division did not share a separate and distinct community of interest from the community of interest they shared with other employees.
The Authority concluded that the Petitioner did not establish that the RD erred in refusing to certify the bargaining unit the Petitioner sought. The Authority held that record evidence supports the RD's findings, and the RD did not fail to apply established law, and did not commit clear and prejudicial errors concerning a substantial factual matter. Therefore, the Authority denied the application for review.