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Representation Digest Series

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60 FLRA No. 145

U. S. Dept. of the Army, U. S. Army Aviation Center, Fort Rucker, Alabama and AFGE, AFL-CIO, Local 1815, Case No. AT-RP-04-0051 (Decided March 24, 2005)

      The Union sought review of the Regional Director's (RD's) Decision and Order excluding one employee from the bargaining unit represented by the Union. The Authority denied the Union's application.

      The Authority found that the RD did not fail to apply established law regarding confidential employees and concluded that the RD's determination that the employee was a confidential employee within the meaning of § 7103(a)(13) of the Statute was consistent with Authority precedent. Consequently, a review of the RD's decision was not warranted. The Authority also concluded that the RD did not commit a prejudicial procedural error concerning a substantial factual matter.



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