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62 FLRA No. 41
United States Department of the Air Force, Edwards Air Force Base, California and Sport Air Traffic Controllers Organization, SF-RP-07-0005 (September 28, 2007)
The Union filed an application for review to the Regional Director's (RD) decision denying a petition for clarification of its unit to include one position. The RD found that the incumbent of the disputed Air Traffic Control Training Manager position was a confidential employee and concluded that she should be excluded from the unit under §§ 7103(a)(13) and 7112(b)(2) of the Statute.
The Authority concluded that the Union did not demonstrate that the RD committed prejudicial procedural error or that the RD committed clear and prejudicial error concerning a substantial factual matter. The Authority also concluded that the Union did not demonstrate that the decision raised an issue for which there is an absence of precedent. Accordingly, the Authority denied the application for review.