15:0241(44)DR - Army, Letterman Army Medical Center, Nutrition Care Division, Presidio of San Francisco, CA and Willie D. Harris and NMUA -- 1984 FLRAdec RP
[ v15 p241 ]
15:0241(44)DR
The decision of the Authority follows:
15 FLRA No. 44
DEPARTMENT OF THE ARMY
LETTERMAN ARMY MEDICAL CENTER
NUTRITION CARE DIVISION
PRESIDIO OF SAN FRANCISCO, CALIFORNIA
Activity
and
WILLIE D. HARRIS
An Individual/Petitioner
and
NATIONAL MARITIME UNION OF
AMERICA, AFL-CIO
Labor Organization/Intervenor
Case No. 9-DR-40001
ORDER DENYING APPLICATION FOR REVIEW
On May 8, 1984, the National Maritime Union of America, AFL-CIO
(Intervenor), filed a timely application for review, pursuant to section
2422.17(a) of the Authority's Rules and Regulations, seeking to set
aside the Regional Director's Decision and Order in the above-named
case. In support thereof, the Intervenor contends that compelling
reasons within the meaning of section 2422.17(c) of the Authority's
Rules and Regulations exist for granting its application. /1/
Upon consideration of the Intervenor's application for review,
including all arguments in support thereof, the Authority concludes that
no compelling reasons exist for granting the application. Rather, the
application expresses mere disagreement with the Regional Director's
findings which have not been shown to be clearly erroneous.
Accordingly, pursuant to section 2422.17(f)(3) of the Authority's
Rules and Regulations, IT IS ORDERED that the application for review of
the Regional Director's Decision and Order be, and it hereby is, denied.
Issued, Washington, D.C., July 2, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ Section 2422.17(c) provides:
(c) The Authority may grant an application for review only where it
appears that compelling reasons exist therefor. Accordingly, an
application for review may be granted only one or more of the following
grounds:
(1) That a substantial question of law or policy is raised because of
(i) the absence of, or (ii) a departure from, Authority precedent;
(2) That there are extraordinary circumstances warranting
reconsideration of an Authority policy;
(3) That the conduct of the hearing held or any ruling made in
connection with the proceeding has resulted in prejudicial error; or
(4) That the Regional Director's decision on a substantial factual
issue is clearly erroneous and such error prejudicially affects the
rights of a party.