23:0659(86)RO - Columbus AFB Exchange, Columbus AFB, MS And NAGE -- 1986 FLRAdec RP
[ v23 p659 ]
23:0659(86)RO
The decision of the Authority follows:
23 FLRA No. 86
COLUMBUS AIR FORCE BASE EXCHANGE
COLUMBUS AIR FORCE BASE, MISSISSIPPI
Activity
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES
Labor Organization
Case No. 4-RO-50034
ORDER DENYING APPLICATION FOR REVIEW
On September 5, 1986, the Columbus Air Force Base Exchange, Columbus
Air Force Base, Mississippi (the Activity), 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 Objections in the above-named case. The Regional Director set
aside an election and directed that another be conducted because she
concluded that objectionable conduct occurred on the part of the
Activity which improperly affected the results of the election. The
National Association of Government Employees (NAGE) filed an opposition
to this application for review. In its application for review, the
Activity contends that compelling reasons exist within the meaning of
section 2422.17(c) of the Authority's Rules and Regulations for granting
this application.
The Authority has consistently held that during the course of a
representation campaign, an activity must assume a neutral posture and
any statements issued by the Activity must conform to the requirements
of section 7116(e) of the Statute. United States Department of Justice,
United States Immigration and Naturalization Service, 9 FLRA 253 (1982);
Department of the Air Force, Air Force Plant Representative Office,
Detachment 27, Fort Worth, Texas, 5 FLRA 492 (1981).
Upon consideration of the Activity's application for review,
including its supporting arguments, the Authority concludes that no
compelling reason exists for granting the application. Rather, the
application expresses mere disagreement with the Regional Director's
findings, which are based on precedent 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 of
the Regional Director's Decision and Order on Objections be, and it
hereby is, denied.
Issued, Washington, D.C., October 22, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY