22:0813(87)RO - Naval Hospital, Great Lakes, IL And AFGE Local 2107 and NFFE Local 167 -- 1986 FLRAdec RP
[ v22 p813 ]
22:0813(87)RO
The decision of the Authority follows:
22 FLRA No. 87
U.S. NAVAL HOSPITAL
GREAT LAKES, ILLINOIS
Activity
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 2107, AFL-CIO
Labor Organization/Petitioner
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 167
Labor Organization/Intervenor
Case No. 5-RO-60005
ORDER DENYING APPLICATION FOR REVIEW AND REQUEST FOR STAY
On June 5, 1986, the National Federation of Federal Employees (NFFE)
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 on Petition for Certification of
Representative in the above-named case. NFFE also filed a request for a
stay of such Decision and Order on Petition for Certification of
Representative. NFFE contends that compelling reasons exist within the
meaning of section 2422.17(c) of the Authority's Rules and Regulations
to support the application for review. /*/
Upon consideration of NFFE's application for review, including all
arguments in support thereof, the Authority concludes that no compelling
reason exists for granting the application. Rather, the application in
essence expresses mere disagreement with the Regional Director's
findings which are based on the Authority's Rules and Regulations and
have not been shown to be clearly erroneous or to have prejudicially
affected the rights of any party.
Accordingly, pursuant to section 2422.17(f)(3) of the Authority's
Rules and Regulations, IT IS ORDERED that the application for review and
request for a stay of the Regional Director's Decision and Order on
Petition for Certification of Representative be, and it hereby is,
denied.
Issued, Washignton, D.C., July 29, 1986.
/s/ JERRY L. CALHOUN
Jerry L. Calhoun, Chairman
/s/ HENRY B. FRAZIER III
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
(*) 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 upon
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.