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53:0310(41)RP - - Interior, Bureau of Land Management, Sacramento, CA and Interior, Bureau of Land Management, Ukiah District Office, Ukiah, CA and NFFE Local 951 - - 1997 FLRAdec RP - - v53 p310



[ v53 p310 ]
53:0310(41)RP
The decision of the Authority follows:


53 FLRA No. 41

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

SACRAMENTO, CALIFORNIA

and

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

UKIAH DISTRICT OFFICE

UKIAH, CALIFORNIA

(Activity/Petitioner)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 951

(Exclusive Representative/Labor Organization)

SF-RP-60044

_____

ORDER GRANTING APPLICATION FOR REVIEW

August 28, 1997

_____

Before the Authority: Phyllis N. Segal, Chair; and Donald S. Wasserman, Members.

This case is before the Authority on an application for review of the Regional Director's (RD's) decision and order amending the certification of unit and directing an election. The Activity seeks review of the RD's decision under 5 C.F.R. § 2422.31(c)(2), which provides, in pertinent part, that the Authority may grant an application for review when the application demonstrates that "[e]stablished law or policy warrants reconsideration[.]"

The Activity has established that grounds exist for granting review of the RD's decision under section 2422.31(c)(2) of the Authority's Regulations. Accordingly, we grant the application for review on the following issue:(*)

Is an election appropriate in a successorship situation when the number of unrepresented employees is almost the same as the number of represented employees?

In accordance with section 2422.31(g) of our regulations, the parties may file briefs on the issue set forth above. Briefs must be filed within 21 days of the date of this Order. Briefs should be directed to:

Peter J. Constantine
Director, Case Control Office
Federal Labor Relations Authority
607 14th Street, N.W., 4th Floor
Washington, D.C. 20424-0001




FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

*/ This issue is similar to one of several issues set forth in 62 Fed. Reg. 32608 (June 16, 1997), in which the Authority solicited comments in another representation case. See 62 Fed. Reg. at 32610, Question 1(c).