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56 FLRA No. 1
National Mediation Board and AFGE, AFL-CIO, Case No. WA-RP-80049 (Decided February 11, 2000)
The petition in this case raised the issue of whether certain employees should be included in, or excluded from, the bargaining unit sought by the Union. The Agency sought review of the Regional Director's (RD's) decision finding that the employees were properly included in the petitioned-for unit and directing an election. The Authority granted the Agency's application for review in part, denied it in part, and affirmed the RD's Decision and Order directing an election.
The Authority noted that it granted review on the ground that there was an absence of Authority precedent addressing the issue. The Authority concluded that the RD correctly found that the seventeen, non-mediator employees disputed by the parties did not "administer" the RLA within the meaning of section 7112(c). Therefore, they were properly included in the petitioned-for unit. The Authority also concluded that the RD did not fail to apply established law or commit a prejudicial procedural error under section 2422.31(c)(3)(i) and (ii) of the Authority's Regulations, respectively, or commit a clear and prejudicial factual error under section 2422.31(c)(3)(iii) of the Authority's Regulations.