31:0076(13)AC - DOI, Bureau of Indian Affairs, Navajo Area, Gallup, NM and National Council of Bureau of Indian Affairs Educators; DOI, Bureau of Indian Affairs, Albuquerque, NM and National Council of Bureau of Indian Affairs Educators; DOI, Bureau of Indian Affairs, Albuquerque, NM and DOI, Bureau of Indian Affairs, Washington, DC and National Council of Bureau of Indian Affairs Educators/AFT; DOI, Bureau of Indian Affairs, Navajo Area, Gallup, NM and DOI, Bureau of Indian Affairs, Washington, DC and National Council of Bureau of Indian Affairs Educators/AFT -- 1988 FLRAdec RP

31 FLRA NO. 13


U. S. DEPARTMENT OF INTERIOR
BUREAU OF INDIAN AFFAIRS
NAVAJO AREA, GALLUP, NEW MEXICO

              Activity

         and

NATIONAL COUNCIL OF BUREAU OF
INDIAN AFFAIRS EDUCATORS

              Petitioner

                                         Case No. 6-AC-70006

U.S. DEPARTMENT OF INTERIOR
BUREAU OF INDIAN AFFAIRS
ALBUQUERQUE, NEW MEXICO

              Activity

         and

NATIONAL COUNCIL OF BUREAU OF
INDIAN AFFAIRS EDUCATORS

              Petitioner

                                         Case No. 6-AC-70005



UNITED STATES DEPARTMENT OF THE
INTERIOR, BUREAU OF INDIAN AFFAIRS
ALBUQUERQUE, NEW MEXICO

              Activity

         and

UNITED STATES DEPARTMENT OF THE
INTERIOR, BUREAU OF INDIAN AFFAIRS
WASHINGTON, D.C.

              Petitioner

         and

NATIONAL COUNCIL OF BUREAU OF
INDIAN AFFAIRS EDUCATORS/AFT

              Labor Organization/Incumbent

                                         Case No. 6-RA-70001

UNITED STATES DEPARTMENT OF THE
INTERIOR, BUREAU OF INDIAN AFFAIRS
NAVAJO AREA OFFICE
GALLUP, NEW MEXICO

              Activity

         and

UNITED STATES DEPARTMENT OF THE
INTERIOR, BUREAU OF INDIAN AFFAIRS
WASHINGTON, D.C.

              Petitioner

         and

NATIONAL COUNCIL OF BUREAU OF
INDIAN AFFAIRS EDUCATORS/AFT

              Labor Organization/Incumbent

                                         Case Nos. 6-RA-70002
                                                   6-RA-80001

         ORDER GRANTING APPLICATIONS FOR REVIEW AND STAY

     On December 16, 1987, the Department of Interior (DOI) 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 in Case Nos.
6-AC-70005, 6-AC-70006, 6-RA-70001, 6-RA-70002 and 6-RA-80001. */
On December 21, 1987, the National Education Association (NEA)
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 decisions in Case Nos.
6-AC-70005 and 6-AC-70006. The National Council of Bureau of
Indian Affairs Educator's (NCBIAE) filed an opposition to the
applications for review.

     In Case Nos. 6-AC-70005 and 6-AC-70006, the Regional
Director granted the NCBIAE Amendment of Certification (AC)
petitions changing its affiliation from NEA to the American
Federation of Teachers (AFT). In Case Nos. 6-RA-70001, 6-RA-70002
and 6-RA-80001, the Regional Director dismissed the DOI's
Representative Status (RA) petitions which questioned the
continued majority status of NCBIAE. The Regional Director found
that there was insufficient evidence to support DOI's claim that
NCBIAE no  longer represents a majority of the employees in the
existing units. NEA and DOI contend that compelling reasons exist
within the meaning of section 2422.17(c) of the Authority's Rules
and Regulations for granting the applications for review.

     Upon full and complete consideration of DOI's and NEA's
applications for review, we find that DOI and NEA have
established that compelling reasons exist for granting the
applications for review pursuant to the provisions of section
2422.17(c)(4) of the Authority's Rules and Regulations. 

     Accordingly, pursuant to section 2422.17(g) of our rules and
regulations, we grant the applications for review of the Regional
Director's decisions. We also grant a stay of the Regional
Director's decisions in Case Nos. 6-AC-70005 and 6-AC-70006
ending final action regarding the applications for review.

Issued, Washington, D.C., February 12, 1988

     Jerry L. Calhoun, Chairman

     Jean McKee, Member

     FEDERAL LABOR RELATIONS AUTHORITY 

FOOTNOTES

     Footnote */  The DOI also seeks review of a letter of the
Regional   Director, dated December 2,  1987, in Case Nos.
6-RA-80002 and   6-RA-80003. In that letter, the Regional
Director informed the DOI that   he was holding those cases in
abeyance pending final disposition of the   petitions in Case
Nos. 6-RA-70001, 6-RA-70002 and 6-RA-80001. We find   that the
Regional Director's letter is not a final decision for   purposes
of filing an application for review under section 2422.17 of  
the Authority's Rules and Regulations. Rather, the letter is an  
interlocutory action by the Regional Director in Case Nos.
6-RA-80002   and 6-RA-80003. Section 2429.11 of the Rules and
Regulations provides   that the Authority ordinarily will not
consider interlocutory appeals   and DOI has provided no 
persuasive reason for us to do so in this   instance. Therefore,
DOI's request for review of the Regional   Director's letter is
dismissed.