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56 FLRA No. 14
Dept. of the Army, U.S. Army Aviation Missile Command (AMCOM) Redstone Arsenal, Alabama and AFGE, Local 1858, AFL-CIO and NFFE, Local 405 Cases No. AT-RP-80005 & AT-RP-80007(Decided February 29, 2000)
The Authority granted an application for review of the Regional Director's Decision and Order on Clarification of Units, filed by the American Federation of Government Employees, Local 1858. At the same time it denied a request by AFGE Local 1858 for a stay of the election directed by the Regional Director (RD), and ordered that if an election was conducted prior to the issuance of a decision on review, the ballots be impounded.
The request for review was granted under section 2422.17(c)(1) of the Authority's Regulations, because the Regional Director's decision raised an issue for which there was an absence of precedent. The Authority denied review on other grounds raised by the application for review.
The issue on which the Authority granted review concerned whether an election was necessary betwee··___··n two groups of employees, represented by different labor organizations, who had been assigned to a newly created appropriate unit where one union claimed to represent a sufficiently predominant number of employees to avoid an election. The Authority found that the Department of the Army, U.S. Army Aviation Missile Command (AMCOM), Redstone Arsenal, Alabama, was a successor employer, and that the employees represented by AFGE Local 1858 were sufficiently predominant to render an election unnecessary. Accordingly, the Authority clarified the units represented by AFGE Local 1858 to include former employees of the two commands who transferred to the successor employer, and amended the certification to reflect the change in name of the activity.