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Representation Digest Series

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57 FLRA No. 10

90th Regional Support Command, Little Rock, Arkansas and AFGE, Local 1017 and Raul Marin, Case No. DA-RP-00033(Decided March 29, 20001)

      The Authority granted review of the Regional Director's Supplemental Decision and Order dismissing the petition. In granting review, the Authority asked the parties to address the question of whether restrictions on filing a petition where there is an existing collective bargaining agreement apply to a petition filed by an individual seeking to determine whether the exclusive representative no longer represents a majority of the employees in the unit.

      Subsequently, the Authority received administrative notice from the Office of the General Counsel of the Federal Labor Relations Authority that the petitioning individual had filed a second decertification petition concerning the same unit of employees. Accordingly, on January 12, 2001, the Authority issued to the parties an order to show cause why the Activity's application for review should not be dismissed as moot.

      The order granting the application for review was vacated and the application was dismissed, without prejudice. The Authority noted that although the initial decision to grant review was consistent with the Activity's claims that there was an absence of precedent and that the issue was worthy of consideration, neither argument changed the fact that, at the time, there was no dispute to be resolved by the Authority. This is because the disputed defect that prevented the processing of the original petition was cured by the filing of the second petition.



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