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