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24:0670(67)RO - Treasury, Office of Chief Counsel, National Office, IRS and NTEU -- 1986 FLRAdec RP



[ v24 p670 ]
24:0670(67)RO
The decision of the Authority follows:


 24 FLRA No. 67
 
 DEPARTMENT OF THE TREASURY 
 OFFICE OF CHIEF COUNSEL, NATIONAL 
 OFFICE, INTERNAL REVENUE SERVICE
 Acitvity
 
 and
 
 NATIONAL TREASURY EMPLOYEES 
 UNION
 Labor Organization
 
                                            Case No. 3-RO-60003
 
         ORDER DENYING APPLICATION FOR REVIEW AND REQUEST FOR STAY
 
    On October 24, 1986, the Department of Treasury, Office of Chief
 Counsel, National Office, Internal Revenue Service (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 Direction of Election in the above-named case.
 The Activity also filed a request for a stay of the Regional Director's
 Decision and Direction of Election.  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
 the application.  The National Treasury Employees Union (NTEU) filed an
 opposition to the application for review and request for a stay.
 
    Upon consideration of the Activity'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 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, the application for review and request for a stay
 of the Regional Director's Decision and Direction of Election are
 denied.
 
    Issued, Washington, D.C., December 19, 1986.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY