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26:0402(50)CU - Justice, Bureau of Prisons, and AFGE, Council of Prison Locals -- 1987 FLRAdec RP



[ v26 p402 ]
26:0402(50)CU
The decision of the Authority follows:


 26 FLRA No. 50
 
 U.S. DEPARTMENT OF JUSTICE 
 BUREAU OF PRISONS
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, COUNCIL OF PRISON LOCALS
 AFL-CIO
 Petitioner
 
                                       Case No. 3-CU-60012
 
                   ORDER DENYING APPLICATION FOR REVIEW
 
    On March 2, 1987, the U.S. Department of Justice, Bureau of Prisons
 (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 Petition for
 Clarification of Unit in the above-named case.  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.
 
    Upon consideration of the Activity's application for review, we
 conclude 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 record evidence 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 Activity's application for review of the
 Regional Director's Decision and Order on Petition for Clarification of
 Unit is denied.
 
    Issued, Washington, D.C., March 30, 1987.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY